Privacy Policy - Darley Newman

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE WEBSITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS WEBSITE.

Darley-Newman.com has adopted a set of information management guidelines, which serve as the basis for our customer and advertiser relationships. These guidelines disclose the privacy policies for our Website. These guidelines have been developed with the recognition that Internet technologies are rapidly evolving, and that underlying business models are still not established. Accordingly, guidelines are subject to change. Any such changes will be posted on this page. Darley-Newman.com is not responsible for the content or the privacy policies of Websites to which it may link.

What information does Darley-Newman.com gather and/or track about you?

Registration. When you register to receive free services from Darley-Newman.com, we require that you supply your full name, email address, and demographic information. Customers who register must agree to the Terms and Conditions of Use for use of the relevant service and/or the Darley-Newman.com Website.

Anonymous Information. Darley-Newman.com may also gather anonymous information, which may be used by Darley-Newman.com or shared with third parties. This is information which does not personally identify you, but which may be helpful for marketing purposes or for improving the services we offer. Generally this information is collected through “traffic data” and may entail the use of “cookies,” “IP addresses,” or other numeric codes used to identify a computer.

Cookies. Darley-Newman.com employs cookies to recognize you and your access privileges on the Website, as well as to track site usage. Subscribers who do not accept cookies from the domain (e.g. “Darley-Newman.com”) cannot access some areas of the Darley-Newman.com Website. We may use an advertising server developed by a third party, to display ads on our Website. Some of these ads may contain cookies that are set by third parties (i.e., advertising agencies or advertising clients). We do not have access to these cookies or any information that they may contain. Acceptance of cookies from domains other than Darley-Newman.com is optional.

IP Addresses. Darley-Newman.com also logs IP addresses for systems administration and troubleshooting purposes. (Your IP address indicates the location of your computer on the Internet). We do not log IP addresses to track your session, nor do we link IP addresses to anything personally identifiable.

Credit Card Information. If you use a credit card to pay for anything on Darley-Newman.com we will not use your credit card information for any other purpose or to pay for any other type of purchase, other than to fulfill one order, and Darley-Newman.com will not store your credit card information.

What does Darley-Newman.com do with the information it gathers and/or tracks?

Statistical Analysis and Banner Advertising. Darley-Newman.com may perform statistical analyses of user behavior in order to measure interest in the various areas of our Website (for product development purposes) and to inform advertisers as to how many consumers have seen or “clicked” their advertising banners. Darley-Newman.com also uses demographic information to allow advertising banners on our Website to be targeted, in aggregate, to the readers for whom they are most pertinent. This means that readers see advertising that is most likely to interest them, and advertisers send their messages to people who are most likely to be receptive, improving both the viewer’s experience and the effectiveness of the ads. In this statistical analysis and banner advertisement targeting, we will disclose information to third parties only in aggregate form. Personal information about you as an individual subscriber or registrant will not be provided to any third party, except when we have your permission or under special circumstances, as described in our Terms and Conditions of Use.

Email. Using the email addresses provided at registration, Darley-Newman.com periodically sends promotional email to its subscribers about services offered by Darley-Newman.com and its advertisers. Darley-Newman.com may contact you regarding account status, changes to the subscriber agreement, and to confirm registration.

Occasionally, Darley-Newman.com shares data collected about subscribers with other units within the Darley-Newman.com group of companies or third parties whose products or services we feel may be of interest to you. Many of our subscribers find these mail or email promotions valuable, whether they are shopping for merchandise, taking advantage of a special offer or purchasing unique services. If you prefer not to receive promotional materials from companies outside the Darley-Newman.com group of companies, please see the “Opting Out” provision below.

Data Security. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to protect the information we collect online, including SSL encryption security for credit card submissions. Detailed information about our security for credit card submissions is available from http://www.authorize.net/support/knowledgebase/?url=/authorize.net/consumer/search.asp.

With whom does Darley-Newman.com share the information it gathers and/or tracks?

Darley-Newman.com shares the information it gathers, in aggregate form, with advertisers and other affiliates. We do not release personal information about you as an individual to third parties, except when we have your permission. This information will only be sent to the email address on file for the subscriber ID associated with it.

Discussion Forum. Darley-Newman.com’s Website offers a discussion forum that is freely accessible to anyone. These guidelines do not cover the transfer of information in this context. Any information you disclose when posting a message on the forum becomes public. Moreover, users who post messages on the forum with their email addresses, make these email addresses available to others and could result in unsolicited email from other users or third parties. You should always be careful when distributing your personal information in this manner.

If you choose to participate or post messages in Darley-Newman.com’s forums, we will collect such information about you as you choose to disclose. If you send Darley-Newman.com personal correspondence to Darley-Newman.com about your activities or postings on Darley-Newman.com’s Website, Darley-Newman.com may collect such information in a file specific to you.

The forums may be used only for noncommercial purposes. You may not post any material concerning promotion, advertising or solicitation for goods or services. From time to time the boards may be monitored by Darley-Newman.com in order to maintain professional decorum and to prevent prohibited uses. Darley-Newman.com reserves the right to remove any material, message or discussion thread that is, in the sole judgment of Darley-Newman.com, inappropriate.

DISCLAIMER

ALL MATERIALS AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS“ AND “AS AVAILABLE“ BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE INFORMATION ON THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS.

THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Website, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED WITH ANY THIRD PARTY IN CONNECTION WITH THIS WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this Website often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with Darley-Newman.com, Darley Newman, or YOLCC, LLC. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Darley-Newman.com, Darley-Newman, or YOLCC, LLC. spokesperson speaking in his/her official capacity.

Under no circumstances will Darley-Newman.com, Darley Newman, or YOLCC, LLC. or their affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this Website, including your use of any of the discussion forums. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, or other content available on or through this Website.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

User Conduct

Your use of the Website is subject to all applicable laws and regulations and you are solely responsible for the contents of your communications through the Website. By posting information in or otherwise using the discussion forums, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming“), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

Impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “User Submissions” below for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be available to you or other authorized users of the Website. You shall not interfere with anyone else’s use and enjoyment of the Website or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other Websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

User Submissions

PLEASE DO NOT SUBMIT UNSOLICITED IDEAS OR CONFIDENTIAL PROPRIETARY INFORMATION TO US UNDER ANY CIRCUMSTANCES. Darley-Newman.COM, THROUGH YOLCC LLC AND ITS EMPLOYEES DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING, BUT NOT LIMITED TO, IDEAS FOR NEW SHOOTING LOCATIONS, SHOWS, PRODUCTS, PROMOTIONS, AND ADVERTISING CAMPAIGNS.

If, despite our request, you still send us your ideas or confidential proprietary information, then regardless of the content or proposed terms in any accompanying documentation sent by you, the following terms shall apply to your submission. Subject to our Privacy Policy outlined above, any communication, including but not limited to ideas and confidential proprietary information, or material that you transmit to this Website or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Further, by submitting your contribution to Darley-Newman.com and YOLCC LLC, you warrant that your contribution is your own original work and that you have the right to make it available to the Darley-Newman.com and YOLCC, LLC for all the purposes specified above, is not defamatory and does not infringe any law. You also agree to indemnify Darley-Newman.com and YOLCC, LLC against all legal fees, damages and other expenses that may be incurred by Darley-Newman.com and YOLCC, LLC as a result of your breach of the above warranty and waive any moral rights in your contribution for the purposes of its submission to and publication on Darley-Newman.com and YOLCC, LLC and the purposes specified above.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Website believes its copyright, trademark or other property rights have been infringed by a posting on this Website, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

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;
Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

Jaime Wolf
Pelosi Wolf Effron & Spates LLP
233 Broadway, Suite 2208
New York NY 10279

Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

A Special Note About Children.

Children are not eligible to use Darley-Newman.com’s services, and we ask that minors not submit any personal information to us. If you are a minor, you may use this service only in conjunction with a parent or guardian.

Opting-Out, Corrections and Cancellations.

Upon request, Darley-Newman.com will: (a) remove you and your personal information from our database, thereby canceling your registration; (b) correct personal information that you state is erroneous; or (c) permit you to “opt out” of further email contact (except notification of major changes to the service) while still allowing access to the Website. To request a correction or cancellation, contact us through our contact from: http://www.Darley-Newman.com/contact/

Linking

Within Darley-Newman.com there are links to non-Darley-Newman/YOLCC websites. When you link to third party websites, you leave our Website and no longer will be subject to our privacy policy. Darley-Newman.com and YOLCC, LLC are not responsible for the privacy practices nor the content of non-Darley-Newman/YOLCC, LLC websites, and such links are not intended to be an endorsement of the non-Darley-Newman/YOLCC, LLC websites or its content.