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BERNIEWILLIAMS.COM PRIVACY POLICY AND TERMS OF USE
At BernieWilliams.com, we are committed to safeguarding your
privacy online. We want to assure our users that BernieWilliams.com
will not willfully disclose any specific individual information
about you to any third party unless you give us your express
permission to do so.
BernieWilliams.com does not solicit any personally identifiable
information from children under the age of 13. Accordingly,
children under 13 years old may be restricted from participating
in certain activities and transactions on BernieWilliams.com
(including the Store and Fan Forum on BernieWilliams.com).
If you would like more information about BernieWilliams.com's
policy for collecting information from children, please read
our Note to Parents below.
Please read this Privacy Policy ("Policy") for an
explanation of how we will treat your personal information.
By using BernieWilliams.com, and the Store on BernieWilliams.com,
you consent to the collection and use of personal information
as outlined in this Policy. If you do not agree to this Policy,
please do not use our site. If we make any material changes
to the Policy, those changes will be posted here so that you
are always aware of what personal information is collected,
how that information is used, and under what circumstances
that information may be disclosed. Since this Policy may change
from time to time, you should check back periodically. Your
continued use of BernieWilliams.com following the posting
of changes to the Policy will signal your acceptance of such
changes.
If you have any questions or comments regarding this Policy,
please contact EXIT33 at info@takeexit33.com.
TABLE OF CONTENTS
1. What personally identifiable information of yours or third
party personally identifiable information is collected from
you through the site;
2. The organization collecting the information;
3. How the information is used;
4. With whom the information may be shared;
5. What choices are available to you regarding collection,
use and distribution of the information;
6. The kind of security procedures that are in place to protect
the loss, misuse or alteration of information under our control;
and
7. How you can correct any inaccuracies in the information.
8. User Rules
9. Links to other sites
10. Restrictions on Use of Materials
11. Subscription/Billing
12. Indemnification
13. Disclaimer
14. Limitation of Liability
15. Force Majeure
16. Termination
1. What personally identifiable information of yours or
third party personally identifiable information is collected
from you through the site
As stated above, BernieWilliams.com does not solicit any personally
identifiable information from children under the age of 13.
Please review our Note to Parents, if you have any questions
regarding our Policy with respect to children.
BernieWilliams.com does not collect personally identifiable
information through the site unless that information is provided
by you during registration for various features on the site
(e.g., Club Bernie, Fan Forum, Site Notification, Store on
BernieWilliams.com, etc.). Information required to participate
in such features may vary but will typically include your
first and last name, city, state, zip code and country; year
of birth; and e-mail address; and, in the case of making purchases,
a credit card number and expiration date. You may also be
requested to provide a username and password for certain features,
an example being the Fan Forum. All of the personal information
submitted by you will be maintained by BernieWilliams.com
in secured servers behind company firewalls.
BERNIEWILLIAMS.COM NOTE TO PARENTS
It is BernieWilliams.com's policy not to solicit any personally
identifiable information from children. If BernieWilliams.com
determines that a person is under the age of 13, based on
the information provided during the registration process,
that person will not be permitted to register, in accordance
with the Children's Online Privacy Protection Act of 1998.
A number of interactive features on BernieWilliams.com require
registration to participate. All registrants will be required
to enter their age and e-mail address and to select a special
user name to be used as an identifier for the feature. In
addition, registrants will be required to enter a password
and a secret hint that will help us verify their identity
if they forget their password. Each registrant will be asked
to state that they are above the age of 13. If they confirm
that they are not, they will not be allowed to access certain
facets of the site.
Again, children who indicate that they are under 13 years
old will not be able to make credit card purchases or participate
in interactive features of BernieWilliams.com that require
password-registration and necessitate the collection and retention
of personal information (e.g., entering a sweepstakes).
BernieWilliams.com recognizes that this information can be
confusing, and therefore asks that you please discuss this
statement and relative conditions with your children.
2. The organization collecting the information
BernieWilliams.com is operated by EXIT33, located at 323 Newbury
St., Boston, MA, 02115. Please contact info@takeexit33.com
for more information. EXIT33 is a multimedia development and
creative design agency devoted to the creation of premium
quality branding, marketing, and promotional materials.
3. How the information is used
BernieWilliams.com may use information provided at registration
or information obtained through third parties to offer better-targeted
products and services to you. We use targeting to customize
and enhance your online experience when on the site. The use
of information provided at registration or obtained through
third parties will not be provided to advertisers or partners,
except in aggregate form, unless you have consented to such
use at registration.
BernieWilliams.com uses "cookie" technology. Cookies
are pieces of information transferred to your hard drive for
record-keeping purposes. Such technology is an industry standard
and is used by most major Web sites. BernieWilliams.com will
never use cookies to retrieve information from your computer
that was not originally sent in a cookie. In order to effectively
use the site and some of its features, your browser must accept
cookies. Some of the features enabled by the use of cookies
is historical recognition of language/dialect preference,
etc..
Users should be aware that BernieWilliams.com cannot control
the use of cookies or the resulting information by advertisers
or third parties hosting data for BernieWilliams.com. If a
user does not want information collected throughout the use
of cookies, there is a simple procedure in most browsers that
allows the user to deny or accept cookies; however, users
should note that cookies may be necessary to provide the user
with certain features available on BernieWilliams.com.
BernieWilliams.com tracks certain general usage pattern information,
including what pages people visit and how long they have been
registered users. BernieWilliams.com may log users' IP addresses
(the group of four numbers separated by periods, such as 123.45.64.89,
that identifies a particular host computer) for the purposes
of system administration, site tracking and reporting of aggregate
usage information to our marketing and product development
teams.
From time to time, BernieWilliams.com may solicit your opinion
to determine your preferences and dislikes in order to provide
you with a better product. These surveys are always optional
to the user and your decision not to participate in a survey
will not affect your status as a BernieWilliams.com user.
Should you choose to participate, any information you give
us may be used in aggregate form for marketing purposes, and
to enhance your overall experience on our site.
4. With whom the information may be shared
Once again, BernieWilliams.com will not provide any personally
identifiable information, other than to its affiliates, about
you to advertisers or other partners without your consent.
As stated above, BernieWilliams.com may, however, provide
advertisers and/or other partners with anonymous aggregated
information about our users to illustrate trends and patterns.
All third parties with whom we share such information will
have independent privacy and data collection practices and
BernieWilliams.com has no responsibility or liability for
their policies or actions.
We will never give out any information linking your real name
to your screen name unless you authorize us to do so, or unless
required to do so by law.
BernieWilliams.com has several partners that can offer valuable
products and services to our members. From time to time, BernieWilliams.com
may give or sell a list from our database of users to these
third party vendors. These lists will consist of only those
users that have "opted in" to receiving special
offers and promotions during the initial registration process.
BernieWilliams.com will use commercially reasonable efforts
to ensure that every marketing offer sent to a BernieWilliams.com
user as a result of the provision of such information contains
a link for that user to no longer receive such offers.
While BernieWilliams.com is careful in choosing its partners
and advertisers, we are only responsible for content on our
own site. All third parties associated with BernieWilliams.com
(including, but not limited to, advertisers, sponsors and
other Internet sites) with whom we share information have
independent privacy and data collection practices. BernieWilliams.com
does not control this collection of information and is neither
responsible nor liable for their independent policies or actions.
5. What choices are available to you regarding collection,
use and distribution of the information
You are not required to receive any mailings that you do not
wish to receive. During the registration process, you will
have the option to sign up to receive newsletters and selected
sponsor offers and discounts. You will not receive such information
if you do not select such options. If, after you choose to
receive such information, you wish to discontinue receiving
these items, you may change your subscription preferences
by visiting the registration area or by indicating your preference
by following the instructions provided within the e-mails
received. If a username and password is required to access
the feature, you will need to provide such information to
update your registration preferences. If you have forgotten
your password, you may obtain it by visiting the registration
area and requesting it to be sent to you at the e-mail address
you originally provided during registration.
6. The kind of security procedures that are in place
to protect the loss, misuse or alteration of information under
our control
BernieWilliams.com has security measures in place to protect
against the loss, misuse and alteration of the information
under its control. The servers for BernieWilliams.com are
stored in a physically secure and climate controlled off-site
facility. Beyond the physical protection of the servers, we
protect against data loss by regularly backing up data, performing
consistency checks with independently recorded log files to
prevent tampering, and restricting access to information on
our servers via several user authentication technologies.
Our site uses SSL or "Secure Sockets Layer", an
industry standard security protocol. When you place an order
on the site and your credit card information is transmitted,
you will connect with our secure server. SSL sends your browser
information that encrypts your order, changing all the information
that you send back into a code that is extremely difficult
to decipher.
Only those employees needed to carry out the business functions
will have access to information on individual BernieWilliams.com
customers. We train each such employee with respect to the
BernieWilliams.com Privacy Policy, and those violating these
policies will be subject to disciplinary action.
It is important to remember that whatever you transmit or
disclose online can be collected and used by others or unlawfully
intercepted by third parties. No data transmission over the
Internet can be guaranteed to be 100% secure. While we strive
to protect your personal information, we cannot warrant the
security of any information you transmit to us. In addition,
we may disclose information to law enforcement or other government
officials if we determine such disclosure to be appropriate,
or if we are compelled to disclose it by court order or operation
of law.
Your BernieWilliams.com personalization account is password
protected so that only you can access it and view the user
information relevant to your account. We recommend that you
do not divulge your password to anyone. At no time will any
BernieWilliams.com employee or company representative ask
for your password via e-mail. If you ever receive such an
inquiry, please notify BernieWilliams.com immediately at info@takeexit33.com.
Ultimately, you are solely responsible for maintaining the
secrecy of your screen names, passwords and/or other account
information.
Any information voluntarily disclosed by users and posted
on our site (on message boards and/or in chat areas) may be
viewed and used by others. If users post personal information
that is accessible to the public online, the user does so
at his or her own risk. Users accept that they may receive
unsolicited messages from other parties in return.
7. How you can correct any inaccuracies in the information
You will also have the option to correct any inaccuracies
in your BernieWilliams.com personalization account or other
registration by returning to the registration area and updating
your profile and preferences. If a username and password is
required to access the feature, you will need to provide such
information to update your registration information. If you
have forgotten your password, you may obtain it by visiting
the registration area and requesting it to be sent to you
at the e-mail address you originally provided during registration.
8. User Rules
By using this Site, you agree:
1. not to disrupt or interfere with the security of, or otherwise
abuse, the Site, or any services, system resources, accounts,
servers, or networks connected to or accessible through the
Site or affiliated or linked websites;
2. not to disrupt or interfere with any other users enjoyment
of the Site or affiliated or linked websites;
3. not to use any robot, spider, other automatic device, or
manual process to monitor or copy any page on the Site or
content on the Site,
4. not to upload, post, or otherwise transmit through or on
this Site any viruses or other harmful, disruptive or destructive
files;
5. not to use or attempt to use another_s account, service
or system, or create or use a false identity on this Site;
6. not to transmit through or on this Site, chain letters,
junk mail, spam or any other type of unsolicited mass email
to people or entities who have not agreed to be part of such
mailings; and,
7. not to attempt to obtain unauthorized access to the Site
or portions of the Site which are restricted from the general
access.
8. not to post indecent content on message boards or other
portals through which fans and site managers communicate.
You agree that you are solely responsible for actions and
communications undertaken or transmitted under your account,
and that your will comply with all applicable local, state,
national and international laws and regulations, including
but not limited to United States export restrictions, that
related to your use of or activities on this Site.
You agree to be solely responsible for: (a) providing true,
accurate, current, and complete information about your as
prompted by the Site_s registration form, and (b) maintaining
and properly updating such registration data to keep it true,
accurate, current, and complete. You are solely responsible
for the security of your password. If you provide any information
that is false, inaccurate, not current, or incomplete, or
BernieWilliams.com has reasonable grounds to suspect that
such information is false, inaccurate, not current, or incomplete,
BernieWilliams.com, may terminate your use of the Site.
BernieWilliams.com may sweep its message boards, and email
mail periodically in its sole discretion. BernieWilliams.com
does not allow Submissions which contain:
1.private or personal information which might identify a user,
e.g., full name, telephone number, or home address;
2. profanity or obscenities;
3. personal attacks on other individuals;
4. slanderous, defamatory, obscene, pornographic, threatening
and harassing comments;
5. bigoted, hateful or racially offensive statements;
6. vulgar, obscene, discourteous or indecent language or images;
7.advertisements or solicitations;
8. material or statements that do not generally pertain to
the designated topic or theme of any chat room or message
board;
9. language that advocates illegal activity or physical harm
or discusses illegal activities with the intent to commit
them; and
10.information that EXIT33 deems in its sole discretion to
be inappropriate for this Site.
The message boards may be used for noncommercial purposes
only. Users may not post any information intended to promote
and/or generate revenue for any third party business activity.
Although BernieWilliams.com periodically monitors the content
posted on this Site, we cannot be responsible for the views
or opinions expressed by third parties. BernieWilliams.com
cannot monitor the site 24-hours a day, and reserves the right,
but not the obligation, to refuse to post, edit, or delete
messages that violate any of the foregoing rules, as well
as revoke, suspend or limit the privileges of users who do
not comply with such rules.
9. Links to other sites
When you are on this Site, you could be directed to other
websites that are beyond our control. There are links to other
websites from pages on this Site that take you outside of
our service. This includes links from advertisers, sponsors,
and content partners that may use our logo(s) as part of a
co-branding agreement. These other websites may send their
own cookies to users, collect data, solicit personal information,
or contain information that you may find inappropriate or
offensive. In addition, advertisers on other websites may
send cookies to users that we do not control.
Please keep in mind that whenever you give out personal information
online, for example, via message boards or chat, that information
can be collected and used by people you don't know. While
BernieWilliams.com strives to protect your personal information
and privacy, we cannot guarantee the security of any information
you disclose online; you make such disclosures at your own
risk.
10. Restrictions on Use of Materials
The Site and all software, design, text, images, photographs,
illustrations, audio clips, video clips, artwork, graphic
material, or other copyrightable elements, and the selection
and arrangements thereof, and trademarks, service marks and
trade names (the "Material") are the property of
BernieWilliams.com and/or its subsidiaries, affiliates, assigns,
licensors or other respective owners and are protected, without
limitation, pursuant to U.S. and foreign patent, copyright
and trademark laws. BernieWilliams.com hereby grants you a
personal, non-exclusive, non-assignable and non-transferable
license to use and display, for noncommercial and personal
use only, one copy of any Material that you may download,
use or print from this Site, including, without limitation,
any files, codes, audio or images incorporated in or generated
by the software; provided that (i) you keep intact all copyright
and other proprietary notices, (ii) you make no modifications
to the materials, (iii) you do not use the materials in a
manner that suggests an association with any of our products,
services, or brands, and (iv) you do not download quantities
of materials to a database that can be used to avoid future
downloads from this Site. In the event you download any Material
from this Site, we do not transfer title to the Material to
you. You own the medium on which the material is recorded,
but we (or third party licensors) retain full and complete
title to the Material and all intellectual property rights
therein. You agree not to reproduce, modify, create derivative
works from, display, perform, publish, distribute, disseminate,
broadcast or circulate any Material to any third party (including,
without limitation, the display and distribution of the Material
via a third party website) without the express prior written
consent of BernieWilliams.com. Use of BernieWilliams.com and/or
its licensors' Material is only permitted with our express
written permission. You further agree that you will not disassemble,
decompile, reverse engineer or otherwise modify the Material.
Any unauthorized or prohibited use may subject the offender
to civil liability and criminal prosecution under applicable
federal and state laws.
11. Subscription/Billing
Some services offered on this Site are subscription based
services, for example, Club Bernie. If you open a subscription
based account, you hereby agree to pay all charges to your
account, if a pay service, including applicable taxes, in
accordance with billing terms in effect at the time the fee
or charge becomes payable. We reserve the right to change
the amount of, or basis for determining, any fees or charges
for services we provide, and to institute new fees, charges
or terms effective upon prior notice to customers. We reserve
the right to terminate any account at any time for any reason.
12. Indemnification
You are entirely responsible for maintaining the confidentiality
of your password and account and for all activities that occur
under your account. You hereby indemnify, defend and hold
us and our affiliates and our officers, directors, owners,
agents, information providers, affiliates, licensors and licensees
(collectively, the "Indemnified Parties") harmless
from and against any and all liabilities and costs (including
reasonable attorneys fees) incurred by the Indemnified Parties
in connection with any claim arising out of any breach by
you of this Agreement or claims arising from your account.
You shall use your best efforts to cooperate with us in the
defense of any claim. We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you.
13. Disclaimer
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE
SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy,
content, or availability of information found on websites
that link to or from this Site. We cannot ensure that you
will be satisfied with any products or services that you purchase
from a third-party website that links to or from this Site
or third party content on this Site. We do not endorse any
of the merchandise, nor have we taken any steps to confirm
the accuracy or reliability of, any of the information contained
in such third-party websites or content. 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 third party,
and you hereby irrevocably waive any claim against us with
respect to such websites and third party content. We strongly
encourage you to make whatever investigation you feel necessary
or appropriate before proceeding with any online or offline
transaction with any of these third parties.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF, OR THE INABILITY TO USE, THIS SITE OR MATERIALS OR FUNCTIONS
ON THIS SITE, OR RELATING TO ANY OF OUR OBLIGATIONS UNDER
THIS AGREEMENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, AND EVEN IF ANY PROVISION HEREIN FAILS OF
ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
15. Force Majeure
You agree that you shall not have any rights against BernieWilliams.com
for any failure of performance due to causes beyond its reasonable
control, including, without limitation, natural catastrophes;
adverse weather conditions; governmental acts or omissions,
laws or regulations; labor strikes or difficulties; suppliers'
transportation stoppages or slowdowns; third party mechanical
failures; fire; explosions; interruption or failure of telecommunications
or digital transmission links; internet failures or delays;
or the inability to procure parts or materials.
16. Termination
These terms are effective until terminated by either party.
You may terminate these terms at any time by discontinuing
use of this Site and destroying all materials obtained from
this Site and all related documentation and all copies and
installations thereof, whether made under the terms of these
terms or otherwise. Your access to any and this Site may be
terminated immediately without notice from us if in our sole
discretion you fail to comply with any provision of this Agreement.
Upon termination, you must cease use of this Site and destroy
all materials obtained from this Site and all copies thereof,
whether made under the terms of these terms or otherwise.
LAST UPDATED: August 27, 2003
Use of this site signifies your acceptance of the Terms of
Use.
webmaster@BernieWilliams.com.
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