Bridgestone Multimedia Group Privacy Policy

By using or allowing others to use the software, materials, interactive features, and website associated with the Bridgestone Multimedia Group website (“Website”), you (the “User”) are agreeing to be bound by these legal terms and conditions (“Agreement”). Any person interacting with the Website in any way is a User for the purposes of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not use this Website. If you are dissatisfied with this Website, any Website content, or the terms and conditions of this Agreement, you agree that your sole and exclusive remedy is to discontinue your use of this Website. You acknowledge and accept that your use of this Website is at your sole risk. You represent you have the legal capacity and authority to accept these Legal Terms and Conditions on behalf of yourself or any party you represent. Certain terms of this Agreement may not apply to your use of the Website; however, all applicable terms are nonetheless binding. As the rightful owner of the Website, Bridgestone Multimedia Group, Inc., a division of Glynlyon, Inc., (“BMG”) reserves the right to change or terminate the terms of this Agreement at any time and from time to time without any notice to you by posting said changes on the Bridgestone Multimedia Group website. Any such changes are hereby incorporated into this Agreement by reference as though fully set forth herein.

A. General Provisions

Indemnification. You, the User of this Website, agree to indemnify and hold BMG, its subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of this Agreement or in connection with any use of the Website including but not limited to any damages, losses, or liabilities whatsoever with respect to damage to any property or loss of any data arising from the possession, use, or operation of the Website by the User or any customers, users, or others, or arising from transmission of information or the lack thereof connected with the Website described in this Agreement.

Termination. This Agreement shall remain in effect until terminated. This Agreement may be terminated at BMG’s sole discretion and without prior notice by mutual written agreement between the parties, but not by the User. BMG may suspend or terminate your access to the Website without prior notice and in BMG’s sole discretion, and BMG shall not be liable for any such suspension, termination, or deletion or its effects, including but not limited to interruption of business or education, loss of data or property, property damage, or any other hardship, losses, or damages. BMG may unilaterally and without notice terminate this Agreement and/or your access to the Website if you or any other person or entity using the Website violates any provision of this Agreement. BMG shall not be liable to you or to any third party for any termination. Upon termination you or any other person or party using the Website shall cease to use the Website at your sole cost and expense.

Updates. At its option, from time to time, BMG may create updated versions of the Website and may make such updates available to you either for a fee or for free. Unless explicitly stated otherwise, any such updates will be subject to the terms of this Agreement including any amendments to this Agreement, to be determined in BMG’s sole discretion.

Proprietary Materials. All content available through the Website, including designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files, and their selection and arrangement ("Site Content"), as well as all software and materials contained in or related to the Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You hereby agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such content or materials. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, recreation, database, or directory of Website materials is prohibited except as provided for herein. Use of Website content or materials for any purpose not expressly provided for herein is prohibited.

Disclaimer of Warranty. The Website is provided “as is,” with all faults and without warranty of any kind. BMG hereby disclaims all warranties with respect to the WEBSITE, either express, implied, or statutory, including but not limited to the implied warranties of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. BMG does not warrant, guarantee, or make any representations THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT OR THAT IT WILL MEET YOUR NEEDS OR REQUIREMENTS, THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. You assume the entire risk as to the quality, results, and performance of the Website, as well as the entire risk and cost of all service, repair, or correction. No oral or written information, advice, suggestions, or recommendations given by BMG, its representatives, dealers, distributors, agents, or employees shall create a warranty or in any way increase the scope of this Agreement, and you may not rely on any such information, advice, suggestions, or recommendations. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consumer rights, so some exclusions and limitations may not apply to you.

Limitation of Liability. You hereby agree that BMG, its subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners, and employees, shall not be liable to you or any third party for any indirect, special, consequential, or incidental damages including but not limited to damages for loss of funds or property, business interruption, loss of business opportunity, loss of data, or any other hardship, damages, or losses arising out of or related to: the use or inability to use the Website, however caused; unauthorized or accidental access to or alteration of data; statements or conduct of any third party; or any matter relating to the use of the Website; and even if BMG has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain remedies or damages, so some exclusions and limitations may not apply to you.

Severability. If any provision of this Agreement is held to be ineffective, unenforceable, or illegal for any reason, BMG may reform such provision to the extent necessary to make it effective, enforceable, and legal or such provision may be deemed severed and in either case this Agreement with such provision reformed or severed shall remain in full force and effect to the fullest extent permitted by law. BMG’s failure to enforce any part or portion of this Agreement shall not be considered a waiver by BMG.

Controlling Law and Controversies. This Agreement shall be governed by the laws of the State of Arizona and of the United States. You understand and agree that use of the Website may involve interstate data transmissions which may be considered a transaction in interstate commerce under federal law. If any controversy or claim related to this Agreement cannot be solved by negotiation between the parties, the parties hereby agree to attempt in good faith to settle the dispute through mediation administered by a mutually agreed upon mediator in Phoenix, Arizona, and in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker® Ministries. If mediation fails to resolve the dispute, the parties hereby agree that the dispute shall be settled through arbitration administered by a mutually agreed upon arbitrator in Phoenix, Arizona, and in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker® Ministries. Any decision may award reasonable attorneys’ fees to the prevailing party and judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction.

Entire Agreement. This Agreement constitutes the entire agreement between BMG and the User relating to the subject matter hereof and supersedes all prior understandings, promises, and undertakings, if any, made orally or in writing with respect to the subject matter hereof. You may not assign any portion of this Agreement without BMG’s written permission. BMG may assign all or any portion of this Agreement in BMG’s sole discretion. No modification, amendment, waiver, termination, or discharge of any portion of this Agreement shall be binding unless executed and confirmed in writing by BMG.

Export Prohibitions. Any export or attempt to export the software either partially or in its entirety, related to the Website is governed by United States law and the laws of the jurisdiction in which you reside. Any export of software related to the Website or any portion thereof in any way prohibited by law or regulations issued by agencies of the United States federal government is hereby prohibited. Portions of the Website may include restricted computer software. Neither the Website nor any portion thereof nor the underlying information or technology may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any U.S. embargoed country; (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals; or (c) to the U.S. Commerce Department’s Denied Persons or Entities List or Table of Denial Orders. You hereby represent and warrant that you are not located in or the resident of any such country or on any such list.

B. End User Terms and Conditions

Ownership. This Website and all associated materials provided by BMG are the solely owned or appropriately licensed property of BMG. The Website is licensed, not sold, to you under the terms of this Agreement. BMG does not sell any title, ownership right, or interest in or to the Website. By using this Website, you are agreeing only to a non-exclusive, nontransferable license to use, according to the terms of this Agreement, the Website and any software programs or other proprietary material of third parties that are incorporated into the Website. BMG reserves and retains all applicable right, title, and interest (including but not limited to copyrights, patents, trademarks, and service marks and other intellectual property rights) in and to the Website and all associated materials. Any remuneration paid for this product constitutes a license fee for the use of the Website.

Use.

(a)  The copying, reproduction, duplication, translation, reverse engineering, adaptation, decompilation, disassembly, reverse assembly, modification, or alteration of the Website or any portion thereof is expressly prohibited without the prior written consent of BMG except as provided for herein. The merger or inclusion of the Website or any portion thereof with any computer program, and the creation of derivative works or programs from the Website or any portion thereof, is also expressly prohibited without the prior written consent of BMG.

(b)  Requests for permission to reproduce, duplicate, adapt, or otherwise exploit any portion of the Website should be submitted in writing to the BMG address listed at the bottom of this Agreement. Any permissions granted shall be in the sole and exclusive discretion of BMG.

(c)  Neither the Website nor any part thereof may be rented, leased, sold, assigned, transferred, re-licensed, sub-licensed, or conveyed for any purpose. Any attempted rental, lease, sale, assignment, transfer, re-license, sub-license, conveyance, gift, or other disposition of the Website in violation of this Agreement is null and void. Any act or failure to prevent an act in violation of this Agreement may result in civil and/or criminal prosecution.

(d)  Programs or software developed and/or owned by entities other than BMG and included with or incorporated into the Website (“Third Party Software”) is subject to and its use is governed by this Agreement. The use of Third Party Software except as for any purpose other than its intended use in conjunction with the Website is prohibited.

Registration and Identifying Information. You hereby represent and warrant that any and all information provided by you to BMG shall be complete, true, accurate, and current in all respects and that you shall update any changes to information as soon as such changes occur. As related to your use of the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password. When providing any identifying information about minors, you hereby represent and warrant that you are authorized to provide such information and that you have read and agreed to the terms of the Privacy Policy included in this Agreement and associated with this Website.

Third Party Sites and Content. The Website may contain (or may send you through or to) links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third Party Content"). BMG does not check such Third Party Sites and Third Party Content for accuracy, appropriateness, or completeness, and BMG is not responsible for any Third Party Sites accessed through use of the Website or for any Third Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by BMG. Although some computers may employ filtering software to prevent access to certain Third Party Sites, BMG shall have no responsibility or liability whatsoever for any Third Party Sites or Third Party Content accessed through use of the Website. 

User Conduct. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise created, used, posted, transmitted, or shared by you or others through you on or through the Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. You further agree not to use the Website to:

(a)  collect email addresses or other contact information of other users from the Website;

(b)  send unsolicited communications to other users of the Website;

(c)  take any unlawful or unauthorized actions or in any way damage, disable, overburden, or impair the Website or the intellectual property rights owned or licensed by BMG as described elsewhere herein;

(d)  upload, post, transmit, share, store, or otherwise make available any content that BMG deems harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable in BMG’s sole discretion;

(e)  misrepresent yourself, your age, or your affiliation with any person or entity;

(f)  upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

(g)  upload, post, transmit, share, store, or otherwise make publicly available through the Website any private information of any third party;

(h)  solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial, unauthorized, or unlawful purposes;

(i)  upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

(j)  intimidate or harass another;

(k)  upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

(l)  use or attempt to use another's account, service, or system or create a false identity on the Website;

(m)  interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;

(n)  upload, post, transmit, share, store, or otherwise make available content that infringes any proprietary rights of any party or defames, slanders, or libels any party, or otherwise violates any law of the United States or the jurisdiction in which you reside;

(o)  upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of BMG, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose BMG or its users to any harm or liability of any type;

(p)  facilitate or encourage any violations of this Agreement.

C. Privacy Policy

BMG institutes the terms of this privacy policy (“Privacy Policy”) to ensure that Users’ personally identifiable information (“PII”) is maintained in a safe, secure, and responsible manner. The following describes how BMG collects, uses, and shares the PII obtained from and about individuals who use the Website. This policy does not apply to information that BMG may collect outside the use of the Website, such as over the phone, by fax, or through conventional mail.

Information Collected.

(a)  BMG may collect PII for purposes of improving the Website or for any other commercial purpose. The only PII collected from you has been voluntarily submitted and provided to BMG through your use of the Website, in response to surveys, or in response to other requests for information.

(b)  The types of information that BMG may collect include but are not limited to: name, address, email address, products requested, and related information.

BMG Rights.

(a)  BMG reserves the right to use “cookies” to personalize the online experience.

(b)  BMG reserves the right to collect and log non-personal information related to your use of the Website.

(c)  BMG reserves the right to contact you for any reason related to the Website in BMG’s sole discretion and without any opt-out option.

Third Party Websites.

(a)  This Privacy Policy applies only to the Website and not to the websites of partners, affiliates, or Third Party Sites. You may be required to accept additional policies prior to your use of links accessed through the Website. BMG is not responsible for the privacy policies of partners, affiliates, or Third Party Sites.

(b)  BMG may use third-party advertising companies to serve ads on certain pages of the Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this Website and other websites in order to provide advertisements about goods and services that may be of interest to you. If you would like more information about this practice or to opt out of having this information used by these companies, contact BMG via the contact information listed below.

Third Party Servers.  Certain information stored or transmitted by BMG hereunder, including PII, may be stored, managed, or otherwise handled by third parties. You understand and agree that BMG is not liable, accountable, or otherwise responsible for information communicated to or through third party servers, and you hereby release BMG from any associated liability or responsibility consistent with the indemnifications, liability limitations, and Privacy Policy included herein.

User Generated Content.  You participate in any message boards, chat rooms, blogs, or other interactive features of the Website at your own risk. User generated content posted to the Website is the sole and exclusive responsibility of the User, and BMG has no responsibility or liability for or association or involvement with such content. BMG may but is not obligated to monitor message boards, chat rooms, blogs or other interactive features of the Website, but BMG cannot and will not guarantee the safety or security of any User generated content nor does BMG offer any assurances that User generated content will appear on the Website accurately or in its entirety.

Access and Corrections to PII Collected by BMG and Opting Out of Further Communications. Use the contact information below to request:

(a)  Corrections or updates of any PII in BMG’s database that you believe to be erroneous;

(b)  An opt-out of future communications from BMG; or

(c)  BMG to make reasonable efforts to remove PII from its online database. You acknowledge and accept that it may be impossible to delete personal information entirely because of backups and records of deletions.

(d)  You may access or correct your PII in BMG’s database or opt out of further communications by writing to:

Bridgestone Multimedia Group, Inc.
A division of Glynlyon, Inc.
Attn: Legal Department
300 N. McKemy Ave.
Chandler, AZ 85226

Changes in Corporate Structure. If all or part of BMG or any of its affiliates are sold, merged, or otherwise transferred to another entity, the PII provided through use of the Website may be transferred as part of that transaction or process.

Contact. If you have any questions regarding this Privacy Policy, please contact:

Bridgestone Multimedia Group, Inc.
A division of Glynlyon, Inc.
Attn: Legal Department
300 N. McKemy Ave.
Chandler, AZ 85226

D. Third Party Notices

The Website may incorporate or have been created with the use of and in conjunction with Third Party Software. This Third Party Software may only be used in conjunction with the Website and you may not use this Third Party Software for any other purpose or with any other product or service at any time or for any reason.

BMG Contact Information
Bridgestone Multimedia Group, Inc.
A division of Glynlyon, Inc.
Attn: Legal Department
300 N. McKemy Ave.
Chandler, AZ 85226

© 2010 Bridgestone Multimedia Group, Inc.

All rights reserved.