|
HISTORY (C.V.) |
CONTACT | ||||||||
|
POETRY |
PLEASE READ THIS POLICY CAREFULLY BEFORE USING THIS SITE.
These
websites, located at
www.greatbigmama.com, www.markjanicello.net and www.markjanicello.org (the "Site" or "Sites"), are
owned and operated by LaRaven Productions B.V. ("we," "us,"
or "LaRaven"), and are the official websites of Mark Janicello. We
understand the concerns that our members and other visitors to our web site (the
"Site") have about the collection, use, and disclosure of their
Personally Identifiable Information (as defined below) while online.
Accordingly, we have established this Privacy Policy to make you aware of the
information collection and sharing practices of the Site. This Privacy Policy
only applies to transactions made and data gathered on the Site and does not
pertain to information collected on any other site owned by LaRaven, its
subsidiaries or other businesses, nor does it extend to the privacy practices
(or lack thereof) of third parties. LaRaven cannot and does not assume
responsibility for the policies, practices and actions of such third parties. By
visiting the Site, you are accepting the practices described in this Privacy
Policy. Please review this Privacy Policy periodically. We may update it from
time to time and we will notify you of any modifications in this section or in
links from this section.
LaRaven complies with the privacy laws and regulations of the Netherlands and
the EU. LaRaven makes no representation that this Site is governed by or
operated in accordance with the laws of other nations, or that the Site or any
part thereof is appropriate or available for use in any particular jurisdiction.
Those who choose to access the Site do so on their own initiative and at their
own risk, and are responsible for complying with all local laws, rules and
regulations. By using this Site, visitors from outside of the The Netherlands
and the EU acknowledge this Site is subject to the laws and regulations of the
The Netherlands and the EU, and waive any claims that may arise under their own
national laws.
LaRaven reserves the right to change, modify, add, or remove provisions of this
Privacy Policy. Any changes to this Privacy Policy will be posted here, and we
encourage you to check back from time to time to ensure continuing familiarity
with the most current version of our Privacy Policy. You can determine whether
the Privacy Policy has been revised since your previous visit to the Site by
referring to the "Last Updated" legend at the top of this page. Please
read this Privacy Policy carefully. Your use of this Site constitutes your
acceptance to be bound by this Privacy Policy without limitation, qualification
or change. If at any time you do not accept all the terms and conditions
contained herein, you must immediately discontinue use of this Site.
The purpose of this privacy policy is to disclose to you what information we may collect, how we may collect it, with whom we may share it, and certain other matters related to such information, including the choices you have regarding our collection of information and our use and disclosure to other parties of information we may have collected from you.
The
Site is not directed to individuals under the age of thirteen (13), and we
request that such individuals do not provide Personally Identifiable Information
(as defined below) through the Site. If a parent or guardian becomes aware that
his or her child has provided us with Personally Identifiable Information
without the parent or guardian's consent by, for example, misrepresenting his or
her age, that parent or guardian should contact us at mark@markjanicello.net . If LaRaven determines that it has collected personal
information of children under the age of 13, LaRaven will immediately delete
such information and any accounts believed to be held by children under 13.
Please see our TERMS OF USE for additional information regarding the use of this
Site by minors. Accordingly, we request that person's age and residence before
we permit anyone to register with our site, open an account, register for our
newsletter, participate in any games, contests or sweepstakes, purchase tickets
or other merchandise, join a mailing list or to request any information,
products or services offered by our site. We do not accept any such registration
from, or provide any product or service to, any visitor who identifies himself
or herself as being under the applicable age limit. If we discover any
Personally Identifiable Information from anyone who is under the applicable age
limit, we will promptly delete it.
We
do not encourage children to participate in providing us with any personally
identifiable information. We ask that children (13 years of age and under) do
not submit any personal information to us. If you are a minor under the age of
13 years, please use our services only under the approval and supervision of
your parents or legal guardian(s).
We support the guidelines and regulatory requirements provided in the Children's Online Privacy Protection Act (COPPA): http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html
LaRaven
Production B.V. is committed to protecting your privacy. We use the information
we collect about you to facilitate commercial transactions and to provide you
with a more personalized experience. We have created this privacy policy
statement in order to demonstrate our firm commitment to protecting the privacy
of all of our customers and visitors. The following Privacy Statement discloses
the information-gathering and dissemination practices and policies of LaRaven
Production B.V..
Except
as otherwise discussed in this Privacy Policy, this document only addresses the
use and disclosure of information we collect from you online. For some services,
we either collect and transfer personal information to a service provider you
have selected, or you may visit other merchants through links on our site who
may collect and use your personal information. We encourage you to ask questions
and to be very cautious before you disclose your personal information
LaRaven
gathers two basic types of information through the Site: "Personally
Identifiable Information" (or "PII") and "Non-Personally
Identifiable Information" (or "Non-PII"). PII is information
that identifies or can identify you as an individual (such as residential
address, telephone number, or billing information) and Non-PII is aggregated
information, demographic information, IP addresses and any other information
that does not reveal your specific identity.
a. Non-Personally Identifiable Information -When you visit and interact
with the Site, LaRaven and third parties with whom LaRaven has contracted to
provide services to LaRaven may collect Non-PII (for example, a catalog of the
Site pages you visit). Non-PII is anonymous and does not identify you
personally. Non-PII is generally collected through the Site from four different
sources: Internet protocol addresses and web logs; cookies; pixel tags and other
similar technologies; and other Non-PII that you voluntarily provide (as
explained below).
i. IP Protocol Addresses and Web Logs - This Site's web servers
automatically collect the Internet Protocol (IP) addresses and log files of
visitors. Your IP address is an identifying number that is automatically
assigned to your computer by your Internet Service Provider (ISP). This number
is identified and logged automatically in our server log files whenever you
visit the Site, along with the time(s) of your visit(s) and the page(s) that you
visited. This information is collected in an aggregate form only and does not
contain any PII. We use your IP address, and the IP addresses of all users, for
purposes such as calculating Site usage levels, helping diagnose problems with
the Site's servers, and administering the Site. Collecting IP addresses is
standard practice on the Internet and is done automatically by many websites.
ii. Cookies - We and our service providers may use a standard technology
called a "cookie" to collect information about how you use the Site.
Cookies reside on your computer and help the Site recognize your computer's
browser as a previous visitor. In addition, on occasion our Site may also set a
"session cookie" which helps us administer the Site. The session
cookie expires when you close your browser and does not retain any information
about you after it expires. If you do not want information collected through the
use of cookies, you should be able to modify your browser preference to provide
you with choices relating to cookies. For example, if you use a standard
browser, you should have the choice to accept all cookies, to be notified when a
cookie is set or to reject all cookies. If you choose to reject cookies, you may
be unable to use certain Site services (e.g., those services that require you to
log on to the Site in order to participate). For more information on modifying
your browser preference, please refer to the documentation accompanying your
browser.
iii. Pixel Tags - We
and our service providers may also use so-called "pixel tags,"
"web beacons," "clear GIFs" or similar means (collectively,
"Pixel Tags") in connection with some Site pages and HTML-formatted
email messages to, among other things, compile aggregate statistics about Site
usage and response rates. A Pixel Tag is an electronic image, often a single
pixel (1x1), that is ordinarily not visible to Site visitors and may be
associated with cookies on the visitors' hard drives. Pixel Tags do not contain
any PII and allow us to count users who have visited certain pages of the Site,
to deliver branded services, and to help determine the effectiveness of
promotional or advertising campaigns. When used in HTML-formatted email
messages, Pixel Tags can tell the sender whether and when an email has been
opened.
iv. Information You Voluntarily Provide - We may also collect certain
information (e.g., your geographic location, your genre preferences etc.) when
you voluntarily provide such information to us. When such information is not
combined with any PII, such information is considered to be Non-PII, as it does
not personally identify you or any other user. Additionally, we may aggregate
PII in a manner such that the end-product does not personally identify you or
any other user of the Site, for example, by using PII to calculate the
percentage of our users who have a particular telephone area code. Such
aggregate information is considered Non-PII for purposes of this Policy.
b. Personally Identifiable Information -You may use many features of this
Site without providing any PII. However, in order to take advantage of
particular opportunities made available through the Site (for example, to access
additional services provided by this Site such as concert updates, chat room
forums and/or personalized content) we may require that you furnish PII to us
such as: your name, postal address, telephone number, fax number email address,
age, gender, credit card number or other payment account number and
health-related information (for example, physically disabled seating requests).
We collect PII from you through the Site only when you voluntarily provide it.
If you become a member of the Site, you should note that when you complete your
member profile, this information can be viewed by other members. Accordingly,
you should not provide any information in your member profile that you do not
wish to share with third parties and you should have no privacy expectations
with respect to the information contained therein. You should be aware that if
you voluntarily disclose information online in a publicly accessible area, such
as in your member profile, a message board or chat room, that information may be
collected and used by others. We do not control the actions of our visitors. If
you disclose PII in your member profile, message board, or any other publicly
accessible place on the Internet, you do so at your own risk and should
understand that your submitted information may be collected and used by others
to send you unsolicited messages, advertisements, or for other purposes. Please
remember that protection of your privacy begins with you. You are solely
responsible for maintaining the secrecy of any password you use to register, and
you should always be careful and responsible whenever disclosing information
online.
We
require all users and/or customers wishing to participate in any of our
contests, drawings, sweepstakes, promotions, or newsletters to complete a
Participant Registration Form. During this registration process we generate and
collect certain personally identifiable information.
Customer's
first name, last name, zip code, phone number, age and email address. Winners of
contests, drawings, sweepstakes, and/or promotions will be required to provide
additional personally identifiable information such as a shipping address and
telephone number.
In
order to complete the purchase of a product and/or service, an online credit
card transaction is required. During this process we generate and collect
certain verifiable personally identifiable information.
The
verifiable personally identifiable information required includes the customer's
first and last name, first and last name of the credit card owner, credit card
billing address, credit card number, credit card expiration date, customer's
shipping address, phone number, and email address.
·
If
a customer sends us personal correspondence, such as emails or letters, we may
collect such information into a file specific to you.
We
may collect information from you in several different areas on the Site,
including but not limited to those described below:
You
may be asked first to complete a registration form and provide personally
identifiable information; you may also be asked to choose a user ID and password
in order to take advantage of certain features the Site may choose to offer,
including, but not limited to, Newsletters, Contests, Forums, Fantasy or other
subscription based services.
We
may offer free newsletters to share information with you about the Site, about
us and our affiliates and subsidiaries, or about our business partners and
advertisers and sponsors. You may receive a newsletter either by registering for
a particular newsletter or in conjunction with a special feature or membership
for which you have registered on the Site. You may cancel your free email
subscription by following the instructions provided on the Site or, in some
instances, in the designated area of certain newsletters or emails.
We
may operate contests and sweepstakes through the Site, which may require
registration. Your personally identifiable information may be used to contact
you for winner notification, prize delivery confirmation or other related
purposes. We may ask your permission to allow us to post publicly some of your
information on the Site, such as on a winners page, in the event you win a
contest or sweepstakes. Except as required by applicable law, we will not post
your information without your permission. In some instances, a third party
advertiser or sponsor may operate or host a contest or sweepstakes on the Site,
and collect your information. In those cases, where we are not the operator or
host of the contest or sweepstakes, we have no control over the information
collected and accordingly urge you to review the advertiser's or sponsor's
privacy policy applicable to the contest or sweepstakes before participating.
From
time-to-time we may request personally identifiable information from you via
surveys or voting polls. Participation is voluntary and you will have the
opportunity to decide whether or not to disclose information. At times, you may
have to register to vote or to take part in a survey.
We
may collect IP addresses and/or click-stream data for purposes of system
administration and to report aggregate information to our advertisers and
sponsors. An IP address is a number that is automatically assigned to your
computer whenever you access the Internet. Our computers identify your computer
by its IP address. When you request Web pages from the Site, our computers log
your IP address.
Click-stream
data is information collected by our computers when you request Web pages from
the Site. Click-stream data may include such information as the page served, the
time, the source of the request, the type of browser making the request, the
preceding page view and other such non-personal information. When analyzed, this
data helps us analyze how visitors arrive at the Site, what type of content is
most popular, what type of visitors in the aggregate are interested in
particular kinds of content and advertising, and the like.
If
you order any information from our Site, buy any of our products or subscribe
for any of the services offered on our Site, we will ask you to complete an
order form that will request certain information from you, including financial
information such as a credit card number and expiration date and general
contact, billing and shipping information. We will use this information to
complete the transaction that you have requested, i.e., to deliver the
information, products or other services that you order, and to invoice you. Such
information is collected and stored through encrypted means for your protection.
When
you register to play Fantasy games, you may be asked to provide personally
identifiable information.
We
internally use personally identifiable information about our customers to
improve our marketing and promotional efforts, to statistically analyze site
usage, to improve our content and product offerings and to customize our site's
content and layout. We believe these uses allow us to improve our site and
provide better service to our customers.
We
may occasionally use a customer's email address and, in rare situations mailing
address or phone number, to contact a customer regarding administrative matters
or notices.
We
may use information in the file we maintain about a customer to resolve disputes
and troubleshoot problems.
Information we collect may be accessed by a variety of parties, depending upon the project for which the information was originally collected, the terms of that engagement, and the policies into or out of which the consumer has opted. From time to time, we may send you offers from LaRaven Production B.V. , its affiliated properties, and our promotional partners based on the information you have provided us. In addition, we may provide information we collect about you with third party companies regarding promotions, sweepstakes and other opportunities / offers. These third parties are subject to stringent data security and confidentiality requirements.
While we believe this disclosure of your information will result in opportunities that may be of interest to you, you have the right to tell us not to give your information to any third party. If you want LaRaven Production B.V. to keep all of your information we have collected confidential and not share it with any third party, please either email us or mail your written request to: LaRaven Production B.V., ATTN: Internet Privacy Policy, Helmbrekersteeg 9, NL-2011DE Haarlem, The Netherlands.
or
emailmark@markjanicello.net
Your
request must include your name, email address, mailing address and must be
signed. (Signature only required for written request sent by regular mail).
Please allow six weeks to process your request. After your request has been
fulfilled, the only disclosures we will make are those required by law.
It is possible for you to use much of our site without giving us any personally identifiable information. When you do register with us or give us personally identifiable information, you will have an opportunity at the time we collect your information -- to limit e-mail communications from LaRaven Production B.V. and from our third-party partners. You can request at any time that LaRaven Production B.V. not send future e-mail to you either by unsubscribing from the communication or by contacting us at mark@markjanicello.net
Also,
as mentioned above, there are ways to limit the information collected through
technology -- though some of our features won't work if you decide to do this.
We
use industry standard efforts to safeguard the confidentiality of your
personally identifiable information. However, please keep in mind that
"perfect security" does not exist on the Internet and/or the World
Wide Web.
The
Site may make chat rooms, forums and message boards available to its users. You
are not required to provide any personal information when using these areas but
you may choose to do so. If you post personal information online, it will be
publicly available and you may receive unsolicited messages from other parties.
LaRaven Production B.V. cannot ensure the security of any information you choose
to make public in a chat room, forum, or message board. Also, we cannot ensure
that parties who have access to such publicly available information will respect
your privacy. Please exercise caution when deciding to disclose personal
information in these areas.
You
should be aware that when you are on the Site you could be directed to other
sites beyond our control. For example, if you "click" on a banner
advertisement, the "click" may take you off the Site onto a different
Website. This includes links from advertisers, sponsors and partners that may
use the Site's logo as part of a co-branding agreement. These other Websites may
send their own cookies to you, independently collect data or solicit personal
information and may or may not have their own published privacy policies. If you
visit a Website that is linked to our Site, you should consult that site's
privacy policy before providing any personal information.
a.
Non-Personally Identifiable Information - Because Non-PII does not personally identify you, we
may use such information for any purpose. For example, we may use Non-PII to
measure the number of visits, average time spent on the Site and pages viewed as
well as to diagnose problems with our servers and to administer the Site. We may
then use this information to analyze and improve the features and functionality
of this Site. We may use non-PII information about you and other Site visitors
on an aggregate basis to sell and deliver advertising, promotions and content
that we believe will be of interest to you. In addition, we reserve the right to
share such Non-PII, which does not personally identify you, with third parties,
for any purpose. For example, we may share information with advertisers or other
third parties that are not part of the LaRaven family on an aggregate or other
basis that does not disclose any of your PII.
In some instances, we may combine Non-PII with PII (such as embedding email
addresses in cookies). If we do combine any Non-PII with PII, the combined
information will be treated as PII as long as it is so combined. This
"combined" PII is not shared with third parties, except as described
in this Policy.
b. Personally Identifiable Information
i. Site: We may use PII you give us to better tailor your website
experience to your interests, and to show you content in which you may be
interested and to display the content according to your preferences. We may also
share your PII within the LaRaven business family in order to enhance your
experience on other LaRaven websites. To the extent we do so, we make sure that
your PII receives the same level of protection throughout the LaRaven business
family. Please note that such sharing may involve the collection use, storage,
or disclosure of PII outside the The Netherlands and the EU.
a.
Affiliate Communications:
If
you choose to opt-in, we may share your PII with our affiliates so that they may
send you announcements and notifications of events, products or services that
might be of interest to you. For further information, please see the
"Opt-In Policy" section below.
b. Third Party Communications: If you choose to opt-in, we may also share
your PII with third parties to allow such third parties to send promotional
communications to you. For further information, please see the "Opt-In
Policy" section below.
c. LaRaven Service Providers: We work with third parties who provide
services including but not limited to data analysis, order fulfillment, credit
card processing and other services of an administrative nature. If you use our
services, we reserve the right to share your PII with such third parties for the
purpose of enabling these third parties to provide such services. We take
reasonable steps to ensure these third parties treat PII in a manner comparable
to how we do so.
d. Public Forums and Other Interactive Features: Please be aware that
when you disclose PII in a chat room, forum, message board or news groups on the
Site, the information may become public and accessible to all or a part of the
Site community, so it is important for you to exercise discretion and
appropriate caution when deciding to reveal PII in these areas. In addition,
when you choose to make a posting on such services, certain PII may be available
for other users to view. We urge you to exercise discretion and caution when
deciding to disclose your PII, or any other information, on the Site. WE ARE NOT
RESPONSIBLE FOR THE USE OF ANY PII YOU VOLUNTARILY DISCLOSE THROUGH THE SITE VIA
THESE FORUMS AND OTHER INTERACTIVE FEATURES. Please note that we reserve the
right, but have no obligation, to republish content posted in a chat room,
forum, message board or news group (including any PII contained therein) as
further set forth in our Terms of Use Agreement.
In the event that you encounter any Site user who you believe is improperly
collecting or using information about you or other users, please visit our Help
Page to send us an email about such collection or use.
e. Online Surveys/Sweepstakes and Contests: We reserve the right to share
PII collected in connection with Promotions with the third-party sponsors of any
such Promotions (irrespective of whether such Promotions are hosted by us), or
otherwise in accordance with the rules applicable to such Promotion. You should
carefully review the rules, if any, of each Promotion in which you participate
through the Site, as they may contain additional important information about a
sponsor's or other third parties' use of your PII. To the extent such rules
conflict with this Privacy Policy, such rules will govern that particular
Promotion.
f. Compliance With Applicable Law: LaRaven may also access and disclose
PII as needed to: (1) comply with applicable laws; (2) respond to governmental
inquiries or requests; (3) comply with valid legal process; (4) protect the
rights, privacy, safety or property of LaRaven, Site visitors or the public; (5)
permit us to pursue available remedies or limit the damages that we may sustain;
and (6) enforce our Terms of Use or other published guidelines.
g. Assignment: We reserve the right to transfer any and all information
that we collect from users of the Site to a third party in the event of any
reorganization, merger, sale, joint venture, assignment, transfer or other
disposition of all or any portion of LaRaven's business, assets or stock
(including without limitation in connection with any bankruptcy or similar
proceedings).
a.
LaRaven Communications -
When
you supply LaRaven with PII, from time-to-time, in LaRaven's discretion, you may
be asked to indicate whether you are interested in receiving information from us
about special offers in connection with the Site, LaRaven and/or our advertisers
and partners. If you do choose to opt-in to receive such communications, we may,
from time to time, send you marketing communications. If at any time you change
your mind and no longer wish to receive marketing communications from us, you
may opt-out of such marketing communications by either:
• Using the link provided in our newsletters or commercial email messages to
opt-out of receiving further marketing communications from us; or
• Changing your contact preference to "Do Not Contact Me" at any
time by using the "Ask a Question" tab on our Help Page.
If you decide to contact us to change your contact preference to "Do Not
Contact Me", LaRaven will implement this change in a reasonable time frame.
Please be aware that your requested change will not be effective until LaRaven
implements such change, and such requests will be implemented only in connection
with your Site profile, and will not impact any preferences you may have made to
any other site controlled, owned or operated by LaRaven or its affiliates.
b. Affiliate and Third Party Communications - From time-to-time in
LaRaven's discretion, you may be provided with the opportunity to opt-in to
receive offers directly from LaRaven, our affiliates and/or from third parties.
If you do choose to accept any such offer(s), any PII provided to LaRaven for
such purposes may be shared with our affiliates and such third-party partner(s),
to allow our affiliates and/or such third parties to provide you with such
offers. If you change your mind and would prefer that we no longer share your
PII with our affiliates and/or with third parties for their marketing purposes,
you may opt-out of such future sharing at any time by using the "Ask a
Question" tab on our Help Page, and specifying which choice you are opting
out from, provided however, you may not be able to opt out of certain third
party offers that are displayed on our Site.
c. Allowing LaRaven to share PII with affiliates for their marketing purposes
and/or Allowing LaRaven to share PII with third-party companies for their
marketing purposes - Please note that if you opt-out as described above, (i)
we will not be able to remove your PII from the databases of affiliates or third
parties with which we have already shared your PII (i.e., to which we have
already provided your PII as of the date that we implement your opt-out
request), therefore you must contact such affiliates or third parties directly
in order to opt-out of further marketing communications made directly from them
or utilize the opt-out mechanisms set forth in their respective privacy policies
or marketing messages; and (ii) you may still be presented new offers from
LaRaven and/or its affiliates or third parties while you are within the Site,
including offers from those third parties which you have opted-out of receiving
direct offers; but in connection with each new offer within the Site you will
have the right not to accept such offers. In the event you receive an offer from
a third party through our Site, but choose not to accept it, your PII will not
be shared.
This
Site also gives you the opportunity to modify or remove PII that you have
provided to us by way of this Site. You may do so by modifying your
password-protected registered user information on the Site. To the extent that
such information is stored in our databases, we will respond to your changes as
soon as reasonably possible, although please understand that although this
information, once deleted, is not available on the Site, that information may
remain stored indefinitely in our backup and archival records. To the extent
that such information is not stored in our databases, we cannot always ensure
that these corrections or deletions will reach such other databases in a timely
manner.
LaRaven
employs reasonable security measures consistent with standard industry practice,
for PII collected through this Site, including physical, electronic and
operational measures to maintain security and prevent unauthorized access. While
LaRaven takes all appropriate steps to safeguard PII under our control,
unfortunately, no data transmission over the Internet or method of storing data
can be guaranteed to be 100% secure. As such, we cannot guarantee that PII
supplied by users will not be accessed on our servers, or intercepted while
being transmitted to us over the Internet. We assume no liability for any
damages you may suffer as a result of interception, alteration or misuse of
information during such transfers. If you have reason to believe that there has
been any breach of the security of the Site, please contact us at mark@markjanicello.net
Please remember that security of the username and password you create when you
register with the Site is your responsibility; we recommend that you do not
share them with anyone. If you share your username and password, you are
providing access to your PII. You will be responsible for all uses of your
registration, whether or not authorized by you. You agree to immediately notify
LaRaven of any unauthorized use of your username or password.
Please note that this Privacy Policy applies solely to our online information gathering and dissemination practices in connection with the Site, and does not apply to any of our practices conducted offline
If you have any questions concerning this Policy, you may send them by email to our Privacy Officer at mark@markjanicello.net . Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us.
We
appreciate your assistance in keeping your PII up to date and accurate. You are
entitled to access, verify, amend and/or correct your PII collected by LaRaven.
You are encouraged to contact our Privacy Officer at mark@markjanicello.net
, or the above postal address to verify, correct or update your PII.
If you have a concern regarding the collection, use or disclosure of your PII by
LaRaven, please contact our Privacy Officer. Your concern will be investigated
and you will be notified as soon as possible of the outcome of the investigation
and any action required as a result.
By
using or attempting to use the Site, you certify that (1) you are a resident of
the EU and are at least 13 years of age or, if under the age of 13, you have the
consent of your parent or guardian (over the age of 18) to use the Site, or (2)
you are not a resident of the EUand are at least 18 years of age or, if under
the age of 18, you have the consent of your parent or guardian (over the age of
18) to use the Site. If you do not meet these requirements or, if for any
reason, you do not agree with all of the terms and conditions contained in this
Agreement, please discontinue using the Site immediately.
By clicking on the "I Agree" icon or by using the Site, you agree to
be bound by the terms of this Agreement, all applicable laws and regulations,
and any additional terms that govern certain products and services, which will
be presented in conjunction with those products and services ("Additional
Terms"). The Site may also provide rules of participation
("Rules") for certain activities and services including, without
limitation, contests and sweepstakes, games, membership clubs and email. The
Site's Additional Terms, Privacy Policy and the Rules are hereby incorporated in
this Agreement by reference. To the extent that there is a conflict between this
Agreement and Additional Terms for the activity in which you choose to
participate, the Additional Terms shall govern. To the extent that there is a
conflict between this Agreement and the specific Rules for the activity in which
you choose to participate, this Agreement shall govern. This Agreement will
remain in full force and effect as long as you are a user of the Site and in the
event of termination of any membership, service or feature, you will still be
bound by your obligations under this Agreement, the Privacy Policy, any
Additional Terms or Rules, including any indemnifications, warranties and
limitations of liability.
We reserve the right at any time to:
• Change the terms and conditions of this Agreement;
• Change the Site, including eliminating or discontinuing any content on or
feature of the Site; or
• Change any fees or charges for use of the Site.
Any changes we make will be effective immediately upon notice, which we may
provide by means including, without limitation, posting a revised version of
this Agreement on the Site. You can determine when this Agreement was last
revised by referring to the "Last Updated" legend at the top of this
Agreement. Your continued use of the Site after such notice will be deemed
acceptance of such changes. Be sure to return to this page periodically to
ensure familiarity with the most current version of this Agreement. Upon our
request, you agree to sign a non-electronic version of this Agreement.
You
agree to respect the rights of others and exercise good judgment. You agree that
you will not:
• Restrict or inhibit any other visitor or member from using the Site,
including, without limitation, by means of "hacking" or defacing any
portion of the Site;
• Use the Site or Materials for any unlawful purpose;
• Express or imply that any statements you make are endorsed by us, without
our prior written consent;
• Impersonate any person or entity or misrepresent your affiliation with a
person or entity;
• "Stalk" or otherwise harass another person; • Solicit personal
information from, harm or attempt to harm minors, in any way;
• Transmit (a) any content or information that is unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene or otherwise objectionable,
or infringes our or any third party's intellectual property or other rights; (b)
any material, non-public information about companies without the authorization
to do so; (c) any trade secret of any third party; or (d) any advertisements,
solicitations, chain letters, pyramid schemes, investment opportunities or other
unsolicited commercial communication (except as otherwise expressly permitted by
us);
• Use the Site for any commercial purpose, such as conducting sales of
tickets, merchandise or services of any kind. Without limiting the foregoing,
you may not resell or link to other sites for the purpose of selling tickets of
any kind;
• Engage in spamming or flooding;
• Transmit any software or other materials that contain any viruses, worms,
Trojan horses, defects, date bombs, time bombs or other items of a destructive
nature;
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or
disassemble any portion of the Site; • Remove any copyright, trademark or
other proprietary rights notices contained in the Site;
• "Frame" or "mirror" any part of the Site without our
prior written authorization;
• Link to any page of or content on the Site other than the URL located at http://www.greatbigmama.com,
http://www.markjanicello.net
and http://www.markjanicello.org
•
Use any robot, spider, offline reader, site search/retrieval application or
other manual or automatic device or process to retrieve, index, "data
mine" or in any way reproduce or circumvent the navigational structure or
presentation of the Site or its contents without our prior written consent.
Notwithstanding the foregoing, LaRaven grants the operators of public search
engines permission to use spiders to copy materials from the site for the sole
purpose of and solely to the extent necessary for creating publicly available
searchable indices of the materials, but not caches or archives of such
materials. LaRaven reserves the right to revoke these exceptions either
generally or in specific cases;
• Harvest or collect information about Site visitors or members without their
express consent;
• Take any action that imposes an unreasonable or disproportionately large
load on our infrastructure;
• Access, reload or "refresh" transactional event or ticketing
pages, or make any other request to transactional servers, more than once during
any three-second interval; • Request more than 1,000 pages of the Site in any
twenty-four hour period, whether alone or acting in concert with a group of
individuals; or
• Use any passcode or password, regardless of whether or not such password or
passcode is unique, to participate in a presale, Fan Club On-Sale or other offer
on the Site if you are not the original recipient of such passcode or password
(i.e., if you did not receive the passcode or password from LaRaven, or from the
fan club or other organization with whom LaRaven is working to enable such
presale or offer) or if your participation in such presale or other offer is
inconsistent with such presale's or offer's terms.
• Violate any applicable local, state, national or international law, rules or
regulations, including, without limitation, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other
securities exchange.
We
allow Members (as defined below) to make contributions to the Site including,
without limitation, creative suggestions, ideas, notes, concepts, information,
content, audio recordings, videos, photographs, graphics, artwork or other
copyrighted works and materials (collectively "User Content"), through
chat rooms, bulletin board services, member profiles, and other means. By
submitting any User Content to the Site, or by posting such User Content to any
area of the Site, you grant us and our designees a perpetual, worldwide,
non-exclusive, unlimited, transferable, sublicenseable (through multiple tiers),
assignable, royalty-free, irrevocable right and license to use, reproduce,
distribute (through multiple tiers), create derivative works of, publicly
perform, display (publicly or otherwise), store, digitally perform, publish (on
the Site, on any other website(s), in print, radio, television or elsewhere),
adapt, modify, distribute, have distributed and promote, make, have made, sell,
offer for sale, import and commercialize the User Content, or any portion
thereof, in any manner and context (including but not limited to usage in
commercial, advertising or promotional materials), now known or in the future
discovered, in LaRaven's sole discretion, in any way, in any and all media now
known or hereinafter discovered, without limitation and without any compensation
or acknowledgment to you or any third party. You also hereby waive any so-called
moral rights or other similar rights in your User Content. No User Content will
be subject to any obligation, whether of confidentiality, attribution or
otherwise, on our part and we will not be liable for any use or disclosure of
any User Content. If LaRaven does decide, in its sole discretion, to attribute
any User Content to you, you hereby grant LaRaven the right to use your member
name with respect to such attribution, and waive any claims (including, without
limitation, any privacy or publicity rights claims) with respect to such use of
your member name.
By submitting User Content you certify that you either (i) are eighteen (18)
years old or are an emancipated minor and have the right to submit the User
Content and grant the licenses provided hereunder, or (ii) have obtained your
parent's or legal guardian's express consent to submit the User Content and to
grant the licenses provided hereunder.
In connection with User Content, you affirm, represent and/or warrant that: (i)
you own, or have the necessary licenses, rights, consents, and permissions to
the User Content and to grant the rights and licenses to LaRaven under all
patent, trademark, trade secret, copyright or other proprietary or intellectual
property rights in and to any and all User Content in the manner contemplated by
the Site and this Agreement; and (ii) you have the written consent, release,
and/or permission of each and every identifiable individual person in the User
Content to use the name or likeness of such person in the manner contemplated by
the Site and this Agreement or, if such persons are minors, the written consent,
release, and/or permission of such minor's parent or legal guardian. You agree
not to submit or post any User Content that: (i) infringes the rights of a third
party, including, without limitation, copyrights, trademarks, patents, trade
secrets, rights of privacy and publicity, (ii) is libelous, defamatory or
slanderous, (iii) condones, promotes, contains or links to warez, cracks, hacks
or similar utilities or programs, (iv) is pornographic or sexually explicit, (v)
does or may denigrate or offend any ethnic, racial, gender, religious or other
protected group, through use of language, images, stereotypical depiction or
otherwise, (vi) is designed to or does harass, threaten, defame or abuse others,
(vii) is used to impersonate or claim the identity, characteristics or
qualifications of any other person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity; (viii) exploits minors in
a sexual or violent manner, (ix) promotes, condones or encourages illegal
activity or ix) is generally offensive or in bad taste.
You agree that all of your User Content, whether publicly posted or privately
transmitted, is your sole responsibility. User Content does not necessarily
reflect our views or opinions. We shall not be liable to you or any third party
in any way for any User Content, including, but not limited to, for any errors
or omissions in any User Content, or for any loss or damage of any kind incurred
as a result of the use of any User Content posted, emailed, transmitted or
otherwise made available via the Site. We generally do not pre-screen, pre-edit
or otherwise control User Content and we do not assume responsibility to monitor
the Site for inappropriate User Content. We do not warrant, expressly or
impliedly, the accuracy, reliability or quality of User Content. By using the
Site, you assume this risk. However, we reserve the right, but have no
obligation (i) to monitor interactions between you and other users of the Site;
(ii) to prevent you from submitting User Content that is inconsistent with our
standards, stated above; (iii) to edit, restrict or remove User Content for any
reason at any time; and (iv) to take any other action in good faith to restrict
access to or the availability of any User Content that we, or another user, may
consider to be inconsistent with the standards described above. If you discover
this kind of User Content on the Site, please notify us at mark@markjanicello.net
. Should we choose to monitor User Content, we still will assume no
responsibility for any inappropriate User Content, or for the conduct of any
user who submits it, and or to remove inappropriate User Content form the Site.
If we prevent your User Content from being submitted, or edit, restrict or
remove it from the Site, you may not hold us accountable under any
circumstances.
We
will have the right to collect, share and use your information in accordance
with our Privacy Policy, which is incorporated by reference in these Terms.
Some
areas of the Site may require you to be or become a registered member of the
Site. When and if you register to become a member, you agree to (i) provide
accurate, current and complete information about yourself as prompted by our
registration form (including your email address) and (ii) maintain and update
your information (including your email address) to keep it accurate, current and
complete. Please read our Privacy Policy, which describes the personally
identifiable information we collect, use, disclose, manage and store. You
acknowledge that, if any information provided by you is untrue, inaccurate, not
current or incomplete, we reserve the right to terminate this Agreement and your
use of the Site.
We, in our sole absolute discretion, will have the right to refuse to allow you
to become a member. Without limitation of the foregoing, we will have the right
to check your credit prior to opening your account, and refuse to allow you to
become a member if we determine that you are not credit-worthy. For residents of
the United States: This site is not intended for use by children under the age
of 13 without the consent of a parent or guardian. For all other persons: This
site is not intended for use by children under the age of 18. You must comply
with these age limits to become a member. By becoming a member, you represent
and warrant that (i) if you are a resident of the United States, you are at
least 13 years of age or, if under the age of 13, you have the consent of your
parent or guardian, and (ii) if you are not a resident of the United States,
that you are at least 18 years of age. We do not accept any registration from,
or provide any product or service to, any visitor who identifies himself or
herself as being under the applicable age limit without the consent of a parent
or guardian.
As part of the registration process, you mayl be asked to select a username and
password. User Names are issued based upon availability. We may refuse to grant
you a username that impersonates someone else, is or may be illegal, is or may
be protected by trademark or other proprietary rights law, is vulgar or
otherwise offensive, or may cause confusion, as determined by us in our sole
discretion. Your user name and password are personal to you. You will be
responsible for the confidentiality and use of your username and password, and
for any and all activities (including purchases, as applicable) that are
conducted through your account. You agree not to share your user name and
password, and agree not to transfer or resell your use of or access to the Site
to any third party. We are not liable for any harm caused or related to the
theft or misappropriation of your user name or password, disclosure of your user
name or password, or your authorization of anyone else to use your user name or
password. If you have reason to believe that your account with us is no longer
secure, you must promptly change your password and immediately notify us of the
problem by emailing us at mark@markjanicello.net
.
You
acknowledge that www.markjanicello.net and www.markjanicello.org may establish
general practices and limits concerning use of the Site, including without
limitation, limiting the maximum number of days that email messages, message
board postings or other uploaded content will be retained by the Site, the
maximum number of email messages that may be sent from or received by an account
on the Site, the maximum size of any email message that may be sent from or
received by an account on the Site, the maximum disk space that will be allotted
on www.greatbigmama.com,
www.markjanicello.net
and www.markjanicello.org
servers on your behalf, the maximum length of time that an IP address will be
assigned for your use, the maximum throughput of traffic from the Internet or
associated service (e.g., Usenet, email, web hosting), and the maximum number of
times (and the maximum duration for which) you may access the Site in a given
period of time. You agree that www.greatbigmama.com, www.markjanicello.net
and www.markjanicello.org
has no responsibility or liability for the deletion of, for failure to store or
to deliver any messages and other communications, for the modification or
malformation of data communications over the Site, or for other content
maintained or transmitted by the Site. You acknowledge that www.markjanicello.net
and www.markjanicello.org
reserves the right to log off accounts that are, or disconnect a session that
is, inactive for an extended period of time.
The
information and materials provided on or through the Site, including any data,
text, designs, graphics, images, photographs, illustrations, audio and video
clips, logos, icons and links (collectively, the "Materials"), are
intended to educate and inform you about the events, venues and other products
and services offered or described on the Site. Although LaRaven strives to
provide Materials that are both useful and accurate, the nature of the data and
other information contained on the Site is subject to frequent change. In
addition, the facts and circumstances of every situation differ. Accordingly,
although LaRaven endeavors to use reasonable care in assembling the Materials,
the Materials may not be up-to-date, accurate or complete. Moreover, portions of
the Materials have been contributed to the Site by various artists and other
persons. The inclusion of such information does not indicate any approval or
endorsement thereof, and LaRaven expressly disclaims any liability with respect
to the foregoing.
Subject to your compliance with the terms and conditions of this Agreement, you
may only download one (1) copy of any Materials displayed on the Site, and you
may use such downloaded Materials solely for your personal, non-commercial use,
provided that you retain all copyright and other proprietary notices contained
therein. LaRaven cannot guarantee that technical difficulties will not occur
during the download of the Materials or that the Materials will download
successfully. You may not engage in any unauthorized use, copying, or
distribution of any of the Materials. For example, you may not otherwise
reproduce, display, publicly perform, or distribute the Materials in any way for
any public or commercial purpose. You may not alter or modify any part of the
Site other than as may be reasonably necessary to use the Site for its intended
purpose. Modification or use of the Materials for any purpose other than as
expressly authorized in this Agreement is a violation of our copyright and other
proprietary rights, and is strictly prohibited.
The Site, including all Site software, databases, proprietary information and
Materials (and any intellectual property and other rights relating thereto)
including, without limitation, the selection, sequence and "look and
feel" and arrangement of items, is owned and operated by LaRaven in
conjunction with others pursuant to contractual arrangements, and will remain
the property of LaRaven and its licensors and suppliers. The Site is protected
by U.S. and international copyright, trademark and other laws, and you
acknowledge that these rights are valid and enforceable. You further acknowledge
that you do not acquire any ownership rights by using the Site or the Materials.
The trademarks, logos, and service marks displayed on the Site (collectively the
"Trademarks") are the registered and unregistered trademarks of
LaRaven, LaRaven's licensors and suppliers, and others. The Trademarks owned by
LaRaven, whether registered or unregistered, may not be used in connection with
any product or service that is not offered by LaRaven, in any manner that is
likely to cause confusion with customers, or in any manner that disparages
LaRaven. Nothing contained on the Site should be construed as granting, by
implication, estoppel or otherwise, any license or right to use any Trademark
without the express written permission of LaRaven, LaRaven's licensors or
suppliers, or the third party owner of any such Trademark. Misuse of any
Trademarks is prohibited, and LaRaven will aggressively enforce its intellectual
property rights in such Trademarks, including via civil and criminal
proceedings.
The
Site contains links to other Internet websites, including affiliated websites
which may or may not be owned or operated by LaRaven. LaRaven has not reviewed
all of the websites that are linked to the Site, and LaRaven has no control over
such sites. Unless otherwise explicitly stated, LaRaven is not responsible for
the content of such websites, any updates or changes to such sites, or the
privacy or other practices of such sites, and the fact that LaRaven offers such
links does not indicate any approval or endorsement of any material contained on
any linked site. LaRaven is providing these links to you only as a convenience.
Accordingly, we strongly encourage you to become familiar with the terms of use
and practices of any linked site. Further, it is up to you to take precautions
to ensure that whatever links you select or software you download (whether from
the Site or other sites) is free of such items as viruses, worms, Trojan horses,
defects, date bombs, time bombs and other items of a destructive nature.
You agree that your use of other internet websites and resources including,
without limitation, your use of any content, information, data, advertising,
products or other materials on or available through such websites and resources,
is at your own risk and is subject to the terms and conditions of use applicable
to such sites and resources.
We
respect the intellectual property rights of others, and we ask our users to do
the same. The Digital Millennium Copyright Act of 1998 (the "DMCA")
provides recourse for copyright owners who believe that material appearing on
the Internet infringes their rights under U.S. and EU copyright laws. If you
believe in good faith that materials hosted by LaRaven infringe your copyright
(for example, materials posted by LaRaven on one of our Forums), you (or your
agent) may send us a notice requesting that the material be removed, or access
to it blocked. The notice must include the following information: (i) a physical
or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed; (ii) identification of the
copyrighted work claimed to have been infringed (or if multiple copyrighted
works located on the Site are covered by a single notification, a representative
list of such works); (iii) identification of the material that is claimed to be
infringing or the subject of infringing activity, and information reasonably
sufficient to allow LaRaven to locate the material on the Site; (iv) the name,
address, telephone number and email address (if available) of the complaining
party; (v) a statement that the complaining party has 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 (vi) a statement that the information
in the notification is accurate and, under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed. Additionally, if you believe in good faith
that a notice of copyright infringement has been wrongly filed by LaRaven
against you, the DMCA permits you to send LaRaven a counter-notice.
We
reserve the right at any time to suspend, modify or discontinue, temporarily or
permanently, any portion of the Site with or without cause and with or without
prior notice. You will not be entitled to a refund during service outages that
are caused by our maintenance on the servers or the technology that underlies
Site. You agree that we will not be liable to you or to any third party for any
suspension, modification or discontinuance. Any violation by you of this
Agreement may result in corrective action by us, in our sole discretion,
including assessment of additional charges, disconnection or discontinuance of
your membership, or termination of this Agreement. In the event that we elect to
take any corrective action, you shall not be entitled to a refund of any fees
paid in advance prior to such corrective action.
THE
SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE
SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, LaRaven AND ITS PARENTS, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS,
SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO
THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE
OF TRADE. Applicable law may not allow the exclusion of implied warranties, so
the above exclusions may not apply to you. LaRaven AND ITS PARENTS AFFILIATES,
LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR
USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE
RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND
OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED
THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF LaRaven OR ITS
AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR
VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
LaRaven DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR
ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
LaRaven WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU
AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE SITE AND
ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
The Site, Materials or Forums could include inaccuracies or errors, or
information or materials that violate this Agreement (specifically, the Code of
Conduct above). Additionally, unauthorized alterations could be made by third
parties to the Site, Materials or Forums. Although we attempt to ensure the
integrity of the Site, we make no guarantees as to the Site's completeness or
correctness. In the event that a situation arises in which the Site's
completeness or correctness is in question, please contact us at
legal@LaRaven.com with, if possible, a description of the material to be checked
and the location (URL) where such material can be found on the Site, as well as
information sufficient to enable us to contact you. We will try to address your
concerns as soon as reasonably practicable. For copyright infringement claims,
see the section on "Claims of Copyright Infringement," above.
NEITHER
LARAVEN NOR ANY OF ITS PARENTS, AFFILIATES, LICENSORS, SUPPLIERS,
ADVERTISERS OR SPONSORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR
LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY
WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY
PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING,
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT LaRaven SHALL HAVE NO LIABILITY OR
RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER USER TO THE SITE TO
CONFORM TO THE CODES OF CONDUCT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR
ACCESS TO AND USE OF OUR SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION,
LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF
LaRaven, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY
BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER
ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY
ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY
MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA
THE SITE, AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A
VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH
THE SITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS,
OR LINKED SITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF LaRaven, AND YOUR SOLE
AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF
ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR
OTHERWISE, SHALL NOT EXCEED THE ACTUAL DOLLAR AMOUNT PAID BY YOU TO THE SITE
DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE
CAUSE OF ACTION AROSE. Some jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
You
agree to indemnify, defend and hold the LaRaven, Artist and Artist's management,
and each of their parents, affiliates, licensors, suppliers, advertisers and
sponsors, and their respective directors, officers, employees, consultants,
agents and other representatives, harmless from and against any and all claims,
damages, losses, costs (including reasonable attorneys' fees) and other expenses
that arise directly or indirectly out of or from (i) your breach of this
Agreement, including any violation of the Code of Conduct, above; (ii) any
allegation that any User Content or other materials you submit to us or transmit
to the Site infringe or otherwise violate the copyright, trademark, trade secret
or other intellectual property or other rights of any third party; and/or (iii)
your activities in connection with the Site.
We
will not be liable to you or any third party for failure or delay in performing
our obligations hereunder if such failure or delay is due to circumstances
beyond our reasonable control, including, without limitation, acts of any
governmental body, war, insurrection, sabotage, computer viruses, terrorism,
embargo, fire, flood, strike or other labor disturbance, interruption of or
delay in transportation, unavailability of interruption or delay in
telecommunications or third party services (including DNS propagation), failure
of third party software or hardware or inability to obtain raw materials,
supplies, or power used in or equipment needed for provision of the Site.
As
a convenience to our members, we have occasionally and in our sole discretion
provided versions of these Terms in languages other than English (each, a
"Translation"). We have attempted to make the Translations accurate,
but we cannot be responsible in the event of any errors, inaccuracies or
discrepancies in the Translations. Accordingly, if there is any conflict in
meaning between a Translation and these Terms, these Terms in the English
language shall govern and be given precedence. Furthermore, we do not provide
any customer service in any language other than English, and cannot take
responsibility for any problems or issues that may arise as a result of this
fact.
You
agree that any dispute arising out of or relating to these Terms or your use of
the Site will be submitted exclusively to confidential binding arbitration in
Haarlem, The Netherlands. Arbitration under these Terms will be conducted under
the prevailing rules of the EU Association. The arbitrator's award will be
binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under these
Terms will be joined to an arbitration involving any other party subject to
these Terms, whether through class arbitration proceedings or otherwise.
Notwithstanding the foregoing, to the extent you have in any manner violated or
threatened to violate the intellectual property rights of LaRaven or Artist,
these persons or entities may seek injunctive or other appropriate relief in any
state or federal court in the .
This
Agreement is governed by and construed in accordance with the laws of the , The
Netherlands and the EU, without regards to its principles of conflicts of law.
You agree to submit to the exclusive jurisdiction of the Netherlands and the EU,
and waive any jurisdictional, venue or inconvenient forum objections to such
courts. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Site or this
Agreement must be filed within one (1) year after such claim or cause of action
arose or be forever barred. If any provision of this Agreement is found to 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
us relating to the subject matter herein and supersedes any and all prior or
contemporaneous written or oral agreements between us with respect to such
subject matter. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained in this Agreement is inserted
only as a matter of convenience and in no way defines or explains any section or
provision hereof.
If your personally identifiable information changes (such as your zip code), or if you no longer desire to access our Site, we will endeavor to provide a way to correct, update or remove the personal data you have provided to us. This can be done by making changes to your profile, by using an option out message in an email, or by emailing us at mark@markjanicello.net
If
you have any questions about this Privacy Policy, the practices of this site, or
your dealings with this site, please contact :
Attn:
Privacy Policy LaRaven Productions BVHelmbrekersteeg 9, NL 2011DE Haarlem, The
Netherlands
You may also contact us by e-mail at mark@markjanicello.net