Welcome to 1891, which is operated by 1891 LLC (“1891”, “we”, “us” or “our”). Please read these Terms of Service (“Agreement”) carefully, as it constitutes a legally binding agreement between you and 1891. This Agreement applies to and governs your use of (a) http://www.the1891.club and all corresponding subdomains, web pages and websites associated with the foregoing URL (the “Site”), (b) the 1891 app (the “App”), and (c) any other content, applications, systems, features, functionality, software, information, products and services offered by us that link to this Agreement (collectively the “Services”). By using the SITE, APP OR SERVICES, DOWNLOADING THE APP, COMPLETING THE REGISTRATION PROCESS AND/OR CLICKING THE “I ACCEPT” BUTTON, you understand, acknowledge and agree that (i) you have read and agree to be bound by this Agreement and (ii) you are of legal age to form a binding contract with 1891.
Your use of, and participation in, certain Services may be subject to additional terms (“Additional Terms”), and such Additional Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the additional Service. To the extent that there is a conflict between this Agreement and the Additional Terms, the Additional Terms shall govern.
Please be aware that section 17 of this agreement, below, contains provisions governing how claims that you and we have against each other are resolved, including, without limitation, any claims that arose or were asserted prior to the effective date of this agreement. In particular, it contains an arbitration agreement which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement: (1) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you are waiving your right to seek relief in a court of law and to have a jury trial on your claims.
If you subscribe to the services for a term (the “Initial Term”), then the terms will be automatically renewed for additional periods of the same duration as the initial term at 1891’s then-current fee for such services unless you decline to renew your subscription in accordance with section 13.
This Agreement shall commence as of the date you accept it (in accordance with the preamble) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the terms herein. You may terminate your use of or registration for the Services at any time by closing your User Account (as defined below) and notifying us of your intent to terminate. 1891 may terminate your use of or registration for the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party, including in the event you have breached this Agreement, or if we are required to by applicable law.
We may modify this Agreement from time to time, and at any time, for any reason, in our sole discretion. If we modify this Agreement, we will provide notice on the Site and within the App. We may also send you notice to the email address you provided. You are solely responsible for providing us with an accurate and up to date email address. In certain circumstances, we may require you to provide additional consent before any further use of the Site, App or Services is permitted. We recommend that you check back frequently and review this Agreement regularly so you are aware of the most current rights and obligations that apply to you.
By using the Services, you represent and warrant that (a) you are 16 years of age or older and acknowledge and agree that features, activities and other aspects of the Services may be subject to heightened age and/or other eligibility requirements (e.g., purchases, contests, sweepstakes, promotions, rewards programs, etc.); (b) your use of the Services does not violate any applicable law, rule or regulation; and (c) you shall make timely and satisfactory payment for any Services purchased by you. If you provide information that is untrue, inaccurate, not current or incomplete, or 1891 suspects that such information is untrue, inaccurate, not current or incomplete, 1891 has the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Services (or any portion thereof), in its sole discretion, with or without notice to you, and without liability or obligation to you.
4. User Registration
In order to access and use the Services, we may require that you register for an account (“User Account”) and create a unique username and password combination (“User Credentials”) and provide certain additional information, as prompted by our user registration flow. You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. You may only have one User Account and are responsible for maintaining the strict confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials or the device you use to access and use the Services (a “Device”), whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including, without limitation, any fee-based transactions. It is therefore critical that you do not share your User Credentials with anyone. You agree to immediately notify 1891 of any unauthorized use of your User Credentials, User Account and/or Device, or any other breach of security, including, without limitation, in the event your Device is lost or stolen. It is your sole responsibility to (a) control the dissemination and use of your User Credentials, User Account and Device, (b) update, maintain and control access to your User Credentials, User Account and Device, and (c) cancel your User Account on the Services. We reserve the right to deny access, use and registration privileges to anyone if we believe there is a question about the identity of the person trying to access any account or element of the Services. 1891 shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section 4.
5. Third Party Platforms
Some of the Services may be dependent on and/or interoperate with third party owned and/or operated platforms and services (e.g., Facebook, Twitter, Google Play, PayPal, LinkedIn, Apple, etc.) (each, a “Third Party Platform”) and may require that you be a registered member of such Third-Party Platforms and provide certain account credentials and other information in order to access such Services. Such Third Party Platforms, in addition to providing application hosting, content distribution, support and other related services, may provide us with certain additional information about you. No Third-Party Platform through which you purchase the Services shall furnish any maintenance or support with respect to the Services, nor shall they address any third-party claims related to your use of the Services.
6. Personal Information
7. Proprietary Rights
7.1. License. Subject to your compliance with this Agreement, 1891 grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single Device that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
7.2 Ownership. As between you and 1891, 1891 owns, solely and exclusively, all right, title and interest in and to the Site, App and Services and all content contained and/or made available on, through or in connection therewith (“Content”), and the Site, App, Services and Content are protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, rules, regulations and treaties.
7.3. Restrictions. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Site, Application or Services, including, without limitation, notices on any Content you transmit, download, display, print, stream or reproduce from the Services. Except as expressly authorized by 1891 or as set forth in Additional Terms (e.g., Services that allow for the use of embeddable or viral features, applications, etc.), you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, the Application or any Content without the express, prior written consent of 1891 (or its owner, if 1891 is not the owner). Moreover, the framing or scraping of or inline linking to the Site, Services or any Content contained thereon and/or the use of web crawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us in writing in advance is prohibited. You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) used in connection with the Services.
8. User Conduct
You are solely responsible for your conduct in connection with the Services. We want to keep the Services safe and enjoyable for everyone and the use of the Services for unlawful or harmful activities is not allowed. You represent, warrant and agree that, while using the Services, you shall not:
8.1 Intentionally or unintentionally engage in or encourage conduct that would violate any applicable local, state, national or international law, rule, regulation, judicial or government order or treaty or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
8.2 Submit, post, email, display, transmit or otherwise make available on, through or in connection with the Services any material that: (i) is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) you are prohibited from making available under any law, rule, regulation or under any contractual or fiduciary relationship (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or which otherwise creates a security or privacy risk for any other person or entity; (iii) contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (iv) is false, incorrect, misleading, fraudulent, exaggerated or inaccurate data or information, including, without limitation, as it pertains to any basketball-related conduct, activities, achievements, initiatives, promotions, and/or opportunities (e.g., basketball games played, scores obtained, participating players);
8.3 Intentionally or unintentionally engage in or encourage conduct that affects adversely or reflects negatively on 1891 or its affiliates, or any of their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers, operators or service providers, the Services, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourages any person or entity from using all or any portion, features or functions of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services;
8.4 Use the Services for commercial or business purposes, including, without limitation, engaging in barter arrangements, pyramid schemes, advertising, marketing or offering goods or services or exploiting information or material obtained on, through or in connection with the Services, whether or not for financial or any other form of compensation or through linking with another website or web page;
8.5 Modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other user;
8.6 Impersonate any person or entity, including, without limitation, a 1891 official, or falsely state or otherwise represent your affiliation with a person, entity or User Posting (as defined herein), transmit or otherwise make available on, through or in connection with the Services false or misleading indications of origin, information or statements of fact;
8.7 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services, including User Postings (as defined herein);
8.8 Solicit passwords or personal identifying information for commercial or unlawful purposes from other Users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of Users or other information;
8.9 Modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person to do so;
8.10 Sell, gift, trade, or otherwise transfer any virtual currency associated with your User Account, including Dimes, to anyone;
8.11 Use the Services in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or
8.12 Use the services if you are on any U.S. Government list of prohibited or restricted parties.
1891 reserves the right to investigate and take appropriate legal action against anyone who, in 1891’s sole discretion, violates, or is suspected of violating, this Agreement, including, without limitation, reporting you to law enforcement authorities. Further, you acknowledge, consent and agree that 1891 may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with the legal process; (ii) enforce this Agreement; (iii) respond to claims that any content or information violates the rights of any third party; (iv) respond to your requests for customer or technical service; or (v) protect the rights, property or personal safety of 1891, its users or any third parties. 1891 also reserves the right to remove the Services from Third Party Platforms, which would limit your ability to re-download the Services.
You may not use, export, import, or transfer the Application except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Application for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by 1891 are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer 1891 products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
11. User Postings
11.1 Defined; Acknowledgements. The Services may provide you and other users with an opportunity to participate in feeds, forums, communities and other message, comment and communication features and functionalities and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available comments, reviews, links, materials, ideas, opinions, messages, user information and other information via the Services (each, a “User Posting”, and collectively, “User Postings”). The term “User Posting” also includes all of the information you submit or we may receive that is related to your User Posting. When you submit User Postings you may also be asked to provide information about you and your submission. This may include, without limitation, such things as your User Credentials, a descriptive title, information about the User Posting, your location and/or similar information. You further acknowledge and agree that all User Postings made by means of or in connection with any portion of the Services are public and that (a) you have no expectation of privacy in any User Posting, and (b) no confidential, fiduciary, contractually implied or other relationship is created between you and 1891 by reason of your transmitting a User Posting to any area of or in connection with the Services.
11.2 Responsibility; Liability. You understand, acknowledge and agree that all User Postings are the sole responsibility of the person from which such User Postings originated. This means that you are solely and entirely responsible for the consequences of all User Postings that you submit, upload, post, email, display, transmit or otherwise make available. User Postings do not reflect the views of 1891, its affiliates or any of their respective successors and assigns, directors, officers, employees, representatives or agents, and you understand that by using the Services, you may be exposed to other people’s User Postings that could be offensive, indecent or objectionable and, as such, 1891 does not guarantee the accuracy, integrity, quality or content of any User Postings. Under no circumstances shall 1891 be liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available.
11.3 Usage; Restrictions. The Services, including, without limitation, all User Posting features and functionality, is for personal purposes only and you may not submit, post, email, display, transmit or otherwise make available, in any manner, any User Posting that we deem to be an Unauthorized Posting (as defined herein). We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Posting, including, without limitation, any Unauthorized Posting; provided, however, that 1891 shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner. As used herein, the term “Unauthorized Posting” means any User Posting that is or may be construed as violating this Agreement, including, without limitation, Section 8 herein, or is deemed to be unacceptable to 1891 or affiliates for any reason, as determined in 1891’s sole discretion.
11.4 License; Usage. In connection with all User Postings you submit, post, email, display, transmit or otherwise make available, you grant to 1891 the unqualified, unrestricted, unconditional, unlimited, worldwide, non-exclusive, irrevocable, perpetual and royalty-free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Posting on the Services and any other websites, channels, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sublicense and authorize others to exercise any of the rights granted hereunder to 1891, in our sole discretion. For the avoidance of doubt, the rights, licenses and privileges described in this Agreement and granted to 1891 shall commence immediately upon submission of your User Posting and shall continue thereafter perpetually and indefinitely, regardless of whether you use the Services as a registered user or not.
11.5 Rights; Representations. 1891 does not acquire any title or ownership rights in the User Postings that you submit and/or make available. After you submit, post, email, display, transmit or otherwise make available any User Posting, you continue to retain any such rights that you may have in such User Posting, subject to the rights, licenses and privileges granted herein. You also represent, warrant and covenant that you own the User Posting posted by you or otherwise have the right to grant the rights, licenses and privileges described in this Agreement and to perform and comply with all of the requirements set forth herein.
11.6 California Removal Rights. Registered users of Services who are California residents and are under 18 years of age may request and obtain removal of User Postings located on the Services that they themselves post by emailing us at: firstname.lastname@example.org. All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the content or information in your User Posting that you want removed and information reasonably sufficient to permit us to locate the material and, so that we can process your request and contact you if we have questions, include your registered username, name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email), include the name and URL (if applicable) of the website, application or other interactive service and indicate your preference on how our response to your request should be sent (email or postal mail). We shall not accept requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, or may not be able to respond if you do not provide complete information. We may also provide you the ability to remove individual specific User Postings that are comments by navigating to the comment, selecting the delete option when you hover over the right-hand side of the comment with your cursor and verifying the deletion request. Please also note that any requests for removal do not ensure complete or comprehensive removal of the Content or information from the Services. For example, content that you have posted may be republished or reposted by another User or third party.
12. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, email address;
A statement that you have 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
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following Designated Agent:
For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to 1891 customer service by sending an email to email@example.com. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 12, your DMCA notice may not be valid.
13. Payment, Pricing, and Related Terms of Service
13.1 Premium Subscription. In order to access certain features or functionality of the Services (including the ability to access certain content), you may be required to pay Premium membership fees. Premium membership fees, along with any required taxes, may be paid on a monthly or annual basis. All membership fees are payable in advance. You agree to pay the membership fees, and other charges you incur in connection with your 1891 account, whether on a one-time or subscription basis. 1891 reserves the right to increase membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
13.2 Other Fee-Based Services. The Services include the ability to make certain other fee-based transactions, including, without limitation, the ability to purchase goods and services (“Fee-Based Services”). For example, you may be able to order certain basketball-related products, book run times, book travel and lodging, and purchase licenses to content through the Services, including, without limitation, additional Service features and functionality. In some cases, you may be required to make one payment to 1891 (for example, a deposit) and one or more subsequent payments to a third party merchant or service provider to complete the transaction. Additional Terms may apply to your use of, access to and purchase of Fee-Based Services and will be presented to you at the time of purchase. Additional Terms may include terms and conditions between you and 1891 or terms and conditions from third party merchants or service providers who provide the Fee-Based Services. Such Additional Terms are incorporated herein by reference. Unless otherwise stated in the Additional Terms and Conditions for particular Fee-Based Services, the following terms and conditions shall apply to all Fee-Based Services:
You may only use the Fee-Based Services if, and you hereby represent, warrant and agree that (a) you are 18 years of age or older and (b) you shall pay in full the prices and fees, including, without limitation, all applicable taxes (as more fully described below) for any purchases you, or anyone using the User Account registered to you, make via an Authorized Payment Method (as defined below).
All transactions for Fee-Based Services are are non-refundable. However, 1891 reserves the right to cancel any transaction in its sole discretion, in which case you will be given a full refund.
13.3 Payment Method and Terms. For all purchases, you will be charged at confirmation of purchase. In addition, for auto-renewing subscriptions, you will be charged within 24-hours prior to the end of the current period. The Services accept certain methods of payment which will be indicated at the time of purchase as forms of payment (each, an “Authorized Payment Method”), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of your order. If a transaction has been declined online due to payment card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another Authorized Payment Method. If a payment card company is being used for a transaction, 1891 may obtain a preapproval from the applicable payment card company for an amount up to the amount of the order. All purchases are final once you click the “Submit” or similar button/link and billing to your payment card occurs at such time or shortly thereafter. If payment is not received by us from your credit, debit or charge card issuer or its agents or other payment service provider, you agree to promptly pay all amounts due upon demand by us. 1891 reserves the right to change any and all prices for any Services and other Content at any time, for any reason.
13.4 Auto Renewal. Your subscription will continue indefinitely until terminated in accordance with this Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at 1891’ then-current price for such subscription. You agree that your User Account will be subject to this automatic renewal feature unless you cancel your subscription at least (a) one (1) day prior to the Renewal Commencement Date (or in the event that you receive a notice from 1891 that your subscription will be automatically renewed, you will have thirty days from the date of the 1891 notice), by logging into and going to the “Account Type” section within your “Account Settings” page, located on your profile (the “Me” tab). If you do not wish your User Account to renew automatically, or if you want to change or terminate your subscription, you will do so via your “Account Settings” page under “Account type.” From here you can access the app store through which you registered. Please contact 1891 at firstname.lastname@example.org with questions. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize 1891, including any payment processors, to charge you now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if 1891 does not receive payment from you or from a payment processor, (i) you agree to pay all amounts due on your User Account upon demand, and/or (ii) you agree that 1891 may either terminate or suspend your subscription and continue to attempt to charge you or a payment processor on your behalf until payment is received (upon receipt of payment, your User Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
13.5 Taxes. You are responsible for any taxes imposed on any subscription or Fee-Based transactions conducted on or in connection with the Services and applicable taxes will be added to the amount charged for the applicable transaction. Subscription and Fee-Based transactions in connection with the Services may include, without limitation, sales tax, use tax and any other applicable taxes, which may be based on various factors, including, without limitation, the billing address and tax rates in effect at the time your transaction is completed. No customers or users are eligible for tax exemptions for transactions made in connection with the Services.
13.6 Additional Terms and Conditions. 1891 may revise any or all of the fees and prices associated with subscription and Fee-Based Services at any time for any or no reason. Further, 1891 does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services on or in connection with the subscription and Fee-Based Services do not imply 1891’s or any of its affiliates’ endorsement of such products or services. Moreover, 1891 and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Further, if 1891 terminates your use of or registration to the Services because you have breached this Agreement, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration.
13.7 Dimes. Users may accrue virtual currency known as Dimes and associate Dimes with their User Accounts. Dimes have no monetary value and have no value outside of the Services. Dimes may only be redeemed on the Services for limited purposes, including but not limited to entries for certain Promotions. Refer to the terms and conditions for each Promotion for further details on Dimes redemption. 1891 reserves the right to set an expiration date on Dimes earned in its sole discretion. Such Dimes shall expire on the expiration date communicated to you by 1891. If no such expiration date is communicated to you, Dimes will expire on the last day of the calendar year following the year in which such Dimes were issued to you. You may not sell Dimes in exchange for real money or exchange those items for value outside of the Services. Dimes remain the property of 1891 and 1891 reserves the right to manage, regulate, control, modify or eliminate Dimes at its own discretion. 1891 will not be liable to you or required to provide refunds, benefits, or other compensation in connection with unredeemed Dimes. If your Account is terminated for any reason, you may lose all Dimes associated with your User Account.
13.8 Third Party Payment Processors. 1891 uses Stripe, Inc. to process payments. Stripe, Inc. may receive personal information from you. You are bound by the Stripe Connected Account Agreement, which can be found here: https://stripe.com/us/connect-account/legal
13.9 Disputes. If you have a complaint or dispute about a certain charge, or about a certain feature or product made available on or in connection with the subscription and Fee-Based Services, you must promptly notify 1891 customer service of such complaint or dispute by sending a detailed email to email@example.com.
14. Customer Support
For assistance, questions or complaints please contact:
1891 Customer Support 4575 Webb Bridge Road, #5862 Alpharetta, GA 30005 firstname.lastname@example.org
You agree to defend, indemnify and hold 1891 and its affiliates, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers and service providers (the “1891 Parties”) harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), arising in any way out of or in connection with (a) your use of the Services, (b) your breach or violation this Agreement or (c) your User Postings. 1891 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with 1891’s defense of such Claim. This provision does not require you to indemnify the 1891 Parties for any unconscionable commercial practice by 1891 or for 1891’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site, Application or any Services provided hereunder.
16.1 Generally. THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES AND THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, User Postings and Content associated with your use of the Services.
16.2 Third Party Products and Services. WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY WHATSOEVER FOR GOODS OR SERVICES YOU OBTAIN THROUGH THIRD PARTY SERVICE PROVIDERS OR OTHER WEB SITES, WEB PAGES, APPLICATIONS AND PLATFORMS (EVEN IF ACCESSED OR PURCHASED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES), AND ANY SUCH PURCHASES ARE SUBJECT TO THEIR RESPECTIVE TERMS AND CONDITIONS OF USE. YOU ACKNOWLEDGE AND AGREE THAT PRODUCT/SERVICE SPECIFICATIONS AND OTHER INFORMATION HAVE EITHER BEEN PROVIDED BY THE APPLICABLE THIRD-PARTY VENDORS OR COLLECTED FROM PUBLICLY AVAILABLE SOURCES AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OF THESE THIRD PARTIES AS SAME IS CONDUCTED AT YOUR SOLE RISK. FURTHER, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY SUCH THIRD PARTY, AND YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US OR OUR AFFILIATES WITH RESPECT TO ANY SUCH TRANSACTION. WE ARE NOT RESPONSIBLE FOR ASSISTING YOU IN CORRECTING ANY PROBLEM YOU MAY EXPERIENCE WITH GOODS AND SERVICES PURCHASED THROUGH A THIRD-PARTY SERVICE PROVIDER, EVEN IF THE GOODS OR SERVICES ARE ACCESSED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM ANY THIRD PARTY OPERATIONAL SERVICE PROVIDER AS THOSE ARE OWNED AND OPERATED BY INDEPENDENT ENTITIES. IN SOME CASES, YOU MAY BE REQUIRED TO DIRECT CUSTOMER SERVICE ISSUES RELATED TO GOODS OR SERVICES TO THE RELEVANT THIRD PARTY OPERATIONAL SERVICE PROVIDER.
16.3 No Warranty of Timeliness or Availability. You further understand and acknowledge the capacity of the Services, in the aggregate and for each user, is limited. Consequently, some messages and transmissions, including, without limitation, User Postings, may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that 1891 assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or User Postings or for any failure or delay associated with any User Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Services for any transactions or User Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
16.4 Limitation of Liability
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, 1891, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. IN NO EVENT SHALL 1891’ LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO LIABILITY HEREUNDER; OR (B) $1,000 USD.
17. Dispute Resolution
Please read the following arbitration agreement in this Section (“Dispute Resolution”) carefully. It requires you to arbitrate disputes with 1891 and limits the manner in which you can seek relief from us.
17.1 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Site, to any products sold or distributed through the Site, the Application, Services, or to any aspect of your relationship with 1891, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or 1891 may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
17.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 1891, 5535 Cameron Forest Pkwy, Johns Creek, GA 30022. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.
17.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and 1891. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
17.4 Waiver of Jury Trial. YOU AND 1891 HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and 1891 are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 17.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
17.5 Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, than then claim must be severed from the arbitration and brought into the State or Federal Courts located in Oakland, California. All other claims shall be arbitrated.
17.6 Severability. Except as provided in subsection 17.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
17.7 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with 1891.
18.1. Final Agreement; Severability; Survival; Waiver. This Agreement and any applicable Additional Terms contain the entire understanding and agreement between you and 1891 concerning the Services and supersede any and all prior or inconsistent understandings relating to the Services and your use thereof. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and this Agreement shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). The failure of 1891 to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.
18.2 Governing Law and Venue. This Agreement and your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of California (notwithstanding the State’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in California, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in Oakland, California for any claims that cannot be resolved in accordance with Section 17 and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
18.3 Notice. Where 1891 requires that you provide an email address, you are responsible for providing 1891 with your most current email address. In the event that the last e-mail address you provided to 1891 is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to 1891 at the following address: 5535 Cameron Forest Pkwy, Johns Creek, GA 30022. Such notice shall be deemed given when received by 1891 by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
18.4 Assignment. This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by 1891 without restriction, notice or other obligation to you.
18.5 App Stores. You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that this Agreement is between you and 1891 and not with the App Store. 1891, not the App Store, is solely responsible for the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce it.
1. Introduction; General Terms
2. Information We Collect About You
Information you Provide Voluntarily. We collect the information you voluntarily provide to us. For example:
· In order to access and/or use the Services (e.g., account registration, game play, communication/networking features, purchases, reservations, promotions, etc.), we may require that you provide and/or otherwise make available to us certain information, which may include, among other things, your legal name, email address, physical address, telephone number, date of birth and gender.
· When you purchase products or services on our Site, we and/or our third party payment processor will collect all information necessary to complete the transaction, including your name, billing information and shipping information.
· If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the email, in order to send you a reply. When you post messages on the message boards of our Site, the information contained in your posting will be stored on our servers and other users will be able to see it.
· When you participate in one of our surveys, we will collect the information you choose to submit to us.
· We also collect other types of Personal Information that you provide to us voluntarily, such as your operating system and version, and other requested information if you contact us via email regarding support for the Services.
· If you participate in a sweepstakes, contest or giveaway on our Site, we may ask you for your e-mail address, name and phone number. These sweepstakes and contests are voluntary. We recommend that you read the rules for each sweepstakes and contest that you enter.
· We allow you to sign up and log in to the Services using accounts you create with third-party products and services, such as Facebook, Google and LinkedIn (collectively, “Third-Party Accounts”). If you access the Services with Third-Party Accounts we will collect information that you have agreed to make available such as your name, email address, profile information and preferences with the applicable Third-Party Account. This information is collected by the Third-Party Account provider and is provided to us under their privacy policies. You can generally control the information that we receive from these sources using the privacy settings in your Third-Party Account.
· We may also collect Personal Information at other points in the Services that state that Personal Information is being collected.
Information We Collect Automatically. When you access and/or use the Services, we automatically collect certain information through cookies, web beacons and other technologies and store it in our log files. This information includes anonymous identifiers, operating system and version, your Internet protocol (IP) address, pages you view on our Site, search terms you entered to arrive at our Site and other information regarding your access to and/or use of the Services. We may combine this information with other information that we have collected about you, including, where applicable, your username, name, and other Personal Information. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.
Location Information. The Services may allow access to, or make available opportunities for you to view, and/or receive, certain content, products, services, information and other materials based, in whole or in part, upon your location (“Location Based Content”). In order to make Location Based Content available to you, the Services will determine your location using one or more points of data, reference and/or information associated with, among other things, your device, including, without limitation, GPS, beacons, device software/features/services and other points of data, reference and information. If you have set your device to disable GPS, Bluetooth, WiFi or other location determining or assisting software, features or services, or do not authorize the Services to access your location data, the Services may not be able to determine your location and you may not be able to access, view and/or receive Location Based Content.
Address Book. We may periodically access and store your contact list and/or address book (and the information contained therein) on your Device to, among other things, find and keep track of mobile phone numbers of other users of the Services, and to allow you and us to send notifications (including, without limitation, invitations and requests) to your contacts, as well as other users of the Services, via SMS text, email and other methods. Prior to accessing your contact list or address book, we will ask for your consent to do so. If you do not consent to our access of such information, you may not be able to use certain functionality within the Service.
Information we obtain from third party sources. From time to time, we receive Personal Information about you from third party sources (including 1891 for Business customers), but only where we have received assurances from these third parties that they have either received your consent or are otherwise legally permitted or required to disclose your Personal Information to us. The types of information we may collect from third parties include your name and email address, phone number, gender and physical address. We use the information we receive from these third parties in order to provide Services to those third parties (for example, basketball courts that are 1891 for Business customers can use the Services as a communication platform to communicate with you).
3. How We Use Information
Use of Personal Information. We may use your Personal Information for, among other things, the following purposes:
· To provide the Services to you, to communicate with you about your use of the Services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
· To tailor the content and information that we may send or display to you, to offer location customization, or to otherwise personalize your experiences while using the Services.
· For marketing and promotional purposes. For example, we may send you emails about products or information we think may interest you. We may also use the information that we learn about you to help determine when and how to advertise our services on third party websites, advertising networks and services, or to customize advertising to you or to customize your experience on our Site and the Services.
· To verify your eligibility to win a prize in a sweepstakes, contest or giveaway you have entered and to deliver that prize to you.
· For the prevention and detection of fraud or infringement of our or any third party’s rights.
· To better understand how users access and use our Service, both on an aggregated and individualized basis, in order to improve our Service, respond to user preferences, and for other research and analytical purposes.
· To diagnose service or technical problems.
· To ensure and maintain the security of the Services
· To comply with legal obligations or legal process.
Automated Decision Making. In some instances, our use of your Personal Information may result in automated decisions being taken (including profiling) that legally affect you or similarly significantly affect you. Automated decisions mean that a decision concerning you is made automatically on the basis of a computer determination (using software algorithms), without our human review. For example, we use automated decisions to match you with other users that meet criteria that you have specified to us and recommend tournaments and other events that we think may be of interest to you. We have implemented measures to safeguard the rights and interests of individuals whose Personal Information is subject to automated decision-making, including by allowing you to opt-in to features like Player Matching that utilize such decision-making. When we make an automated decision about you, you have the right to contest the decision, to express your point of view, and to require a human review of the decision. You can exercise this right by sending an email to us at email@example.com.
4. Sharing and Disclosure of Personal Information and Other Information
Disclosure of User Status and Activity Information. In order to access and use the Services, you expressly acknowledge, understand and agree that the Services will automatically store, host, share, post, disseminate, disclose and/or publish certain information concerning your user account and profile (e.g., name, avatar/image, handicap, honors, achievements, user page details, etc.) and your corresponding use of the Services and related conduct, information and activities associated therewith (e.g., basketball games played and related dates and times, basketball scores, location, home courts, status updates, stats, User Postings, etc.) in connection with the Services (collectively, “Status and Activity Information”). Status and Activity Information will be visible to all users of the Services (e.g., on 91leaderboards, your account page/profile, post and feed sections, etc.), including those users whom you have elected to follow and all other users of the Services that you have not friended and have no relationship with, unless you have disabled sharing of certain information within your account settings. However, at a minimum, your user name and profile image will be displayed to all users. Accordingly, you expressly acknowledge, understand and agree that all Status and Activity Information is public and may be globally viewed by all users of the Services.
We make certain settings available to limit the sharing, availability or public nature of certain specific Status and Activity Information, and you can properly designate your preferences using such settings, then we will honor the choices you make about who can see certain specific Status and Activity Information (e.g., the accessibility and sharing of certain information only with your friends, as opposed to all users of the Services, etc.).
Others. We may disclose your Personal Information to any other person with your consent to the disclosure.
5. Access to your Personal Information and Your Privacy Rights
You may change your privacy preferences (e.g., ask us not to share your Personal Information with a particular third party) by sending an email to us at firstname.lastname@example.org detailing your privacy request. Other privacy preferences (e.g., limiting location services), depending on the nature of the specific feature, functionality or offering, may be designated by modifying your account privacy, permissions and/or settings on your Device (if applicable) and the Services.
Access, correct, update or request deletion. If you wish to access, correct, update or request deletion of your Personal Information that you may not access directly through the Services, you can do so at any time by contacting us using the contact details provided under the “Contact us” section below.
Object to processing, restrict processing or request portability. If you are a resident of the European Union, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. You can exercise these rights by sending an email to us at email@example.com.
Opt-out. You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you or by sending an email to us at firstname.lastname@example.org. Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your information shall remain subject to the prior privacy settings. Further, also please note that in order to keep you informed about the operation of the Services, we may still send you administrative emails, notifications and announcements that are needed for the proper functioning and administration of the Services, including, without limitation, for the purposes described in Section 3 above, in connection with your use thereof.
Withdraw consent. If we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
Right to complain. You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. (Contact details for data protection authorities in the European Economic Area are available here.)
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
We and our third party service providers may also use “cookies” (which are small electronic files containing information about you and your activities that are stored on your Device (e.g., html files, Flash files, etc.), “embedded scripts”, web beacons and other similar tracking technologies (collectively, “Tracking Technologies”) to collect information automatically as you use, access and/or otherwise interact with the Services. We may combine this information with other Personal Information we collect from you (and our third party service providers may do so on our behalf).
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Service, while others are used to enable a faster log-in process, to allow us to track your activities on our Service, or to otherwise enable Service features. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our site who disable cookies will be able to browse certain areas of the site, but some features may not function.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (also known as web beacons, web bugs or pixel tags), in connection with our site to, among other things, track the activities of site visitors, help us manage content and compile statistics about site usage. We or our service providers may also use clear GIFs in HTML emails to our customers to help us track email response rates, identify when our emails are viewed and track whether our emails are forwarded.
LSOs. We or third parties with whom we partner to provide certain features of the Service or to display advertising based upon your tracked activity may use Local Storage Objects (LSOs) using technologies such as HTML5 or Flash to collect and store information. Various browsers may offer management tools for removing HTML5 LSOs. To learn about managing Flash LSOs, please click here.
Please be aware that that if you limit the collection of certain information, you may not be able to use the Services, whether as it pertains to some or all of the services, content, features and/or products made available in connection therewith.
7. Interest-Based Advertising
The Services may also use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Advertising Service Providers”), such as Google Ad Words and Facebook. We use Third Party Advertising Service Providers to, for example, serve advertisements on or in connection with Services, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on or in connection with the Services and any use thereof. Third Party Advertising Service Providers may enable us to display advertisements based on your profile and corresponding use of the Services and other websites, services and platforms you have used or visited. Targeting services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you.
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertisingand choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and choices regarding having information used by NAI members.
Users in the European Union may also opt out of many third-party ad networks. For example, you may go to the European Interactive Digital Advertising Alliance (“EDAA”) Your Online Choices Page for information about opting out of interest-based advertising and choices regarding having information used by EDAA members.
Opting out from one or more companies listed on the DAA Consumer Choice Page, the NAI Consumer Opt-Out Pageor the EDAA Your Online Choices Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA, NAI, or EDAA-related websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info, the NAI’s website at www.networkadvertising.org, and the EDAA’s website at www.youronlinechoices.com/goodpractice.
The Services are not directed toward children under 16 years of age, and 1891 does not want to collect and does not seek to collect Personal Information from children under 16 or knowingly allow such persons to become a registered user of the Services If we discover that we have collected Personal Information from a child under 16, we will take steps to remove that information from our systems. If you believe the Company inadvertently collected information from a child under 16 years of age, please contact email@example.com.
9. Your California Privacy Rights & California Do Not Track Disclosure
If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options with respect to use of your Personal Information by third parties for marketing purposes. If you are a California resident and wish to request information about how to exercise your third-party disclosure choices, please send a request by email to our Privacy Administrator at firstname.lastname@example.org detailing your privacy request. All requests must be labeled “Your California Privacy Rights” on the email subject line. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone, postal mail or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete or legible information.
10. Transfer of Personal Information to the United States
11. Legal Basis For Our Use (EEA visitors only)
If you are a resident from the European Economic Area, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it. However, we will normally collect Personal Information from you only where we have your consent to do so, where we need the Personal Information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Information from you.
If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not (as well as of the possible consequences if you do not provide your Personal Information). Similarly, if we collect and use your Personal Information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.
If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information for any specific processing activity, please contact us by sending an email to us at email@example.com.
We have implemented appropriate physical and organizational measures to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction such as storing such information using third party data centers that are routinely and independently audited against widely accepted security standards and encrypting data at rest and in transit. Please be aware that despite our best efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your login and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
13. Data Retention
We retain Personal Information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements). When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.
14. Links to Third Party Websites
17. Contact Us
1891, LLC Attn: Customer Support 4575 Webb Bridge Road, #5862 Alpharetta, GA 30005 470-252-8052 firstname.lastname@example.org
18. Sole Statement