TERMS AND CONDITIONS
USE OF THE SITE & PROHIBITIONS
This site allows you to join blog, express your thoughts, and make some comments and discussion. You understand and agree that you will use this site including its tools and services with full sense of responsibility and in a manner that is consistent with these Terms and in such a way as to ensure compliance with all applicable laws and regulations. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules, and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of a blog, items, messages, and or contents that are inappropriate and fails to observe decency; (c) collecting information about users’ personal information; (d) post false, inaccurate, misleading, defamatory, or libelous content; (e) take any action that may damage the rating system.
NO RESALE OF THE SERVICE
You agree and understand that you will not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the site, including its tools and services.
YOUR REGISTRATION OBLIGATIONS
WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
You represent and warrant that (a) all of the information provided by you to our website to participate in the Service is correct and current, and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
You hereby accept and agree that it is beyond our control and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Site or the Services.
It should be noted that the Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend, or discontinued the site or any part of it at any time. The information, content, and services on the site are provided on an “as is” basis. When you use the site and or participate herein, you understand and agree that you participate at your own risk.
INTELLECTUAL PROPERTY RIGHTS
The Web allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Site freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on them. The materials available on the site shall remain the property of Mike Fanelli and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the site or anything retrieved or downloaded from them. You hereby acknowledge that all rights, titles, and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Mike Fanelli. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
WAIVER AND SEVERITY OF TERMS
Failure of Mike Fanelli to insist upon strict performance of any of the terms, conditions, and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
This Agreement shall be governed by and construed in accordance with the substantive laws of Australia, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
CHOICE OF LAW; JURISDICTION; FORUM
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Victoria, Australia, to the exclusion of any other courts without giving effect to its conflict of law provisions or your actual state or country of residence.
If you are visiting this page you may have been directed from one of our group of websites. We have created this privacy statement in order to demonstrate our firm and continuing commitment to the privacy of personal information provided by those visiting and interacting with any website controlled by Mike Fanelli. We hold the privacy of your personal information in the highest regard. The following discloses our information gathering and dissemination practices for these websites. Mike Fanelli abides by the rules dictated in law by the U.S. FCC (Federal Communications Commission).
We recognize the importance of protecting your privacy and our policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our sites. This policy will be continuously assessed against new technologies, business practices, and our customers’ needs.
WHAT INFORMATION DO WE COLLECT?
When you visit these websites you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Web site use information collected on an aggregate basis as you and others browse our Web site.
1. PERSONAL INFORMATION YOU CHOOSE TO PROVIDE
When you register for any of our products, services or newsletters you will provide us information about yourself.
Credit Card Information
If you choose to avail of our services, you may need to give personal information and authorization to obtain information from various credit services. For example, you may need to provide the following information:
- Mailing address
- Email address
- Credit card number
- Name on credit card
- Credit card billing address
- Business and home phone number
- Email Information
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.
2. WEB SITE USE OF INFORMATION
Similar to other commercial Web sites, our Web sites utilize a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and web server log files to collect information about how our Web site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Web site, and the Web sites visited just before and just after our Web site.
HOW DO WE USE THE INFORMATION THAT YOU PROVIDE TO US?
Broadly speaking, we use personal information for purposes of administering our business activities, providing the products and services you requested, to process your payment, to monitor the use of the service, our marketing, and promotional efforts and improve our content and service offerings, and customize our site’s content, layout, services and for other lawful purposes. These uses improve our site and better tailor it to meet your needs.
Furthermore, such information may be shared with others on an aggregate basis. Personally identifiable information or business information will not be shared with parties except as required by law.
Occasionally, we may also use the information we collect to notify you about important changes to our Website, new services, and special offers we think you will find valuable. You may notify us at any time if you do not wish to receive these offers by emailing us at the link provided on the newsletter.
WHAT ARE COOKIES?
HOW DO WE USE INFORMATION WE COLLECT FROM COOKIES?
The main cookies we use are: Facebook pixel, (for marketing retargeting purposes on Facebook and Instagram), Analytics by Google, (to keep track of the most visited pages to improve the experience), and “privacy_embeds” by Avada WordPress theme to store user consent to load the different third party embeds and tracking scripts.
IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as traffic data so that data (such as the Web pages you request) can be sent to you.
SHARING AND SELLING INFORMATION
We do not share, sell, lend or lease any of the information that uniquely identify a subscriber (such as email addresses or personal details) with anyone except to the extent it is necessary to process transactions or provide services that you have requested.
HOW CAN YOU ACCESS AND CORRECT YOUR INFORMATION?
You may request access to all your personally identifiable information that we collect online and maintain in our database by emailing us at the usual address.
WHAT ABOUT LEGALLY COMPELLED DISCLOSURE OF INFORMATION?
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights. We may also disclose account information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Service or to protect the safety of our users and the Public.
WHAT ABOUT THE OTHER WEBSITES LINKED TO OUR WEBSITE?
We are not responsible for the practices employed by Web sites linked to or from our Web site or the information or content contained therein. Often links to other Web sites are provided solely as pointers to information on topics that may be useful to the users of our Web site.
OUR COMMITMENT TO DATA SECURITY:
Please note that your information will be stored and processed on our computers in Australia. The laws on holding personal data in Australia may be less stringent than the laws of your Country of residence or citizenship. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
CHOICE / OPT-IN / OPT-OUT:
This site allows visitors to unsubscribe so that they will not receive future messages. After unsubscribing, we will discontinue sending the particular messages as soon as technically feasible.
SURVEYS AND CONTESTS
From time-to-time, our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary, and the user, therefore, has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address) and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
A SPECIAL NOTE ABOUT CHILDREN
Children are not eligible to use our services unsupervised, and we ask that children (under the age of 18) do not submit any personal information to us. If you are a minor, you can use this service only in conjunction with permission and guidance from your parents or guardians.
ACQUISITION OR CHANGES IN OWNERSHIP
In the event that the web site (or a substantial portion of its assets) is acquired, your information would be considered part of those assets, and maybe part of those assets that are transferred.