"Personally identifiable information" is information that we can use to identify you as an individual. Personally identifiable information includes your name, address, telephone number and any other information that is connected with you personally. Non-personal information includes, but is not limited to, data about usage patterns, reported in aggregate, which is not associated with a specific personal identity.
Victory Media, Inc. uses personal information to better understand customer needs and interests and to provide better service.
In general, you can visit the NaVOBA website (the "Website") without providing any personal information. Non-personal information collected may include the pages visited on http://www.navoba.com/, browser type, browser language, operating system, and internet protocol ("IP") address. Non-personal data is aggregated to understand Website usability and performance. Victory Media, Inc. may use your IP address to help diagnose problems or to gather demographic information, such as country of origin.
B. Information Collection and Use
Except as specified herein, this policy also does not apply to information you may provide to us offline; however please do be aware that if you subscribe offline to one of the magazines published by Victory Media, Inc. ("Magazines"), from time to time we make our subscriber lists available to companies that sell goods and services that we believe would interest our readers. If you would rather not receive such mailings, please send a current mailing label or exact copy to Victory Media, Inc., PO Box 26, Sewickley, PA 15143.
We may use any personal information you send for marketing and promotional purposes and we may combine information we receive online with outside records to enhance our ability to market products or provide services that we believe may be of interest to you. Additionally, we may share your personal information with third parties who may choose to contact you to promote their own goods and services.
In addition, we may use information you provide us through emails, Q & A, blogs, forums, when you make a purchase, request back issues, subscribe to our magazines, in response to polls, or though any other user-generated submission for editorial purposes, and may use your name and any stories you provide us in articles published online and in our Magazines. Please be advised that any such submissions become the property of Victory Media, Inc. and may be used by Victory Media, Inc. for any lawful purpose. If you provide us with personal anecdotes, they may be attributed to you. You hereby authorize Victory Media, Inc. to edit, rewrite, use, and reuse the content, including your name, likeness, photograph, and biographical information you provide, in any way and any media whether now known or invented in the future, with or without attribution, including publication in the Magazines or websites (including the Websites), and in trade media and advertising. You agree that any content you send us will not violate any rights of any third party and that you will only send us content for which you own the rights.
Our Website may from time to time partner with a retailer or other third party to offer online shopping opportunities, games, services, subscriptions and other applications on a co-branded or cross-promotional basis. Those transactions may take place on a Victory Media, Inc. Magazine websites, or the website of the third party. In either case, personal information you provide in connection with the transaction may be shared with the third party, as well as with any participating sponsors or advertisers of such opportunities and features.
D. Wireless Addresses
If the email address you provide to us is a wireless email address, you agree to receive messages at such address from Victory Media, Inc. and the Magazines, entities affiliated with the Magazines. You acknowledge that your wireless carrier's rates may apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
E. Short Message Service and Wireless Internet
We may make available services through which you can receive messages on your phone or wireless device via short message service ("SMS Service") or via wireless internet ("WAP Services"). If you subscribe to one of our SMS or WAP Services, you thereby agree to receive SMS or WAP Service at the address you provide for such purposes. Such messages may come from Victory Media, Inc., or from third parties who we believe may have goods or services of interest to you (unless you have elected not to receive such messages at the time you subscribe, see Opt-Out section below).
You acknowledge and agree that the SMS or WAP Services are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the SMS or WAP Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS or WAP Service. We may also access the content of your account and wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints.
By signing up for the SMS or WAP Service, you consent to receiving, from time to time, further messages which may include news, promotions and offers from us, our affiliates and partners, and unless and until you have opted-out of these activities by notifying us at firstname.lastname@example.org. Please follow the instructions provided by you by third parties to unsubscribe from their messages.
F. Children And Parents
The Website covered by this policy are not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. To subscribe to newsletters and to participate in other activities where personal information is divulged you must be 13 or older. Minors between the ages of 13 and 17 should get the permission of their parent(s) or legal guardian(s) before subscribing to any Magazines on our Website.
G. Blogs, Video and other user-generated Postings; Social Networking
If you elect to post material to any blogs, forums, participate in our social networking channels or other community boards that may be offered on our Website, or if you elect to upload any photographs, audio or video, you will be solely responsible for all content, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the "Postings"). You agree and warrant that any Postings you post to the Website will be true and accurate, will not defame any person or invade any person’s privacy, and will not infringe the proprietary rights of any person. You agree not to furnish any Postings to which you do not own the rights. By furnishing Postings, you give Victory Media, Inc. the right to use such Postings in any manner and in any media now known or hereafter invented, including, without limitation, the right to combine your Postings with Postings of third parties in varied combinations and/or to use the Postings in the Magazines. You also acknowledge that visitors to the Website may post comments about your Postings which may be derogatory, and that Victory Media, Inc. has no obligation to monitor or delete any such postings.
Please be aware that Victory Media, Inc. does not and cannot monitor all of the Postings made to the Website, and therefore Victory Media, Inc. will not be responsible for the content of any Postings. However, Victory Media, Inc. does reserve the right to delete or edit any material in any Posting that is offensive, obscene, harassing, offensive or otherwise objectionable and not in keeping with the community standards of the Magazines and Website. If Victory Media, Inc. elects to edit any Postings, it nonetheless assumes no responsibility for the content of the Postings. Under no circumstances will Victory Media, Inc. be liable for any inaccuracy or defect in any Postings. We also expect our users to adhere to certain rules of the road. Therefore, you agree not to post, email, or otherwise make available Postings:
- that are unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another's privacy, or harmful to minors in any way;
- that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that include personal or identifying information about another person without that person's explicit consent;
- that are false, deceptive, misleading, deceitful, misinformative, constitute "bait and switch" or impersonation of any person or entity;
- contain your own or a third party's advertising, branding or promotional content;
- that infringe any proprietary rights, including copyright, of any party, or Postings that you do not have a right to make available;
- restrict or inhibit any other user from using and enjoying the Website or the Victory Media, Inc. services offered on it;
Because Victory Media, Inc. does not monitor the Postings, you agree to use and rely on them at your own risk. Victory Media, Inc. cannot make any representation or warranty about the material contained in the Postings. Victory Media, Inc. likewise assumes no responsibility for any contact you may have with other users of our Website, either online or offline. If you elect to meet in person with someone you may meet on our Website, you do so at your own risk, and under no circumstances will Victory Media, Inc. be liable for any activity or injury that may occur.
H. Customer Lists
From time to time we may make our customer lists available to companies that sell goods and services that we believe would be of interest. We may compile these lists from customer orders placed both offline and online. Customers have the option of having their names and identifying information removed from those lists (subject to certain exceptions and limitations in applicable laws) by contacting us at email@example.com, or, in the case of information you have provided to us offline, by sending a current mailing label or exact copy to: Victory Media, Inc., PO Box 26, Sewickley, PA 15143.
We may also from time to time make our customer lists available for direct marketing purposes to other entities that are affiliated with us. If you would like to be removed from those lists, contact us at firstname.lastname@example.org or, in the case of information you have provided to us offline, by sending a current mailing label or exact copy to: Victory Media, Inc., PO Box 26, Sewickley, PA 15143.
If you enter a contest or sweepstakes sponsored by a third party, information may be shared with that third party for their use in their discretion, including direct marketing (Some of our contests and sweepstakes will ask you at the time of entry whether you would like your personal information to be shared with the sponsor. Other contests will not give you that option and in that event, if you do not want your information to be shared, you should not enter the contest.)
I. Non-U.S. Users
If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States. By using this Website, you consent to this transfer. You also consent to the adjudication of any disputes arising in connection with this Website in the federal and state courts of, and in accordance with the laws of, the Commonwealth of Pennsylvania.
If you want us to stop sharing your email address with third parties or if you do not want to receive Victory Media, Inc.'s marketing emails, you may opt-out by notifying us in writing to Victory Media, Inc., PO Box 26, Sewickley, PA 15143 or contacting us at email@example.com Please be aware that it can take up to several business days to remove you from our marketing email lists. Please note that some information may remain in backups of Victory Media, Inc.'s records after deletion of your account, although diligent efforts will be employed to remove your information. However, Victory Media, Inc. may retain certain of your information if it believes in good faith that retaining such information is necessary to comply with the law; enforce or apply its conditions of use and other agreements; or protect the rights, property, or safety of Victory Media, Inc., its employees, its users, or others.
Everything you see or read on the Website is owned by us or used with permission. You may not copy, use, or retransmit anything from or for our Website without our permission. Any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website is strictly prohibited. You are not allowed to post or distribute any material you do not own or which you do not have permission to use. You are also prohibited from engaging in any conduct that interferes with the technological operation of the Website or that tampers with any copyright protection mechanisms applicable to content on any Website. Ignoring this policy may result in copyright, trademark, or other intellectual property rights violations.
L. Copyright Infringement
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, we have designated an agent to receive notices of claims of copyright infringement. We reserve the right to terminate access to the Website of any user who infringes the proprietary rights of any third party.
Victory Media, Inc. is not responsible for the conduct, whether online or offline, of any user of the Website. Victory Media, Inc. takes reasonable steps to protect the security and integrity of all personal information you provide to the Website; however, due to the inherent nature of the Internet, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. Victory Media, Inc. assumes no liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user Posting. Victory Media, Inc. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Website or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation in any activities on the Website or downloading materials. We make no warranties the services will be timely, secure, uninterrupted, or error-free. You understand that if you download any material, you do so at your sole risk. Under no circumstances shall Victory Media, Inc. be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, any content posted on or through the Website, or conduct of any users of the Website, whether online or offline. We can, whenever we want, edit or delete any content displayed on the Website. You use the Website at your own risk. The Website is provided "AS-IS" and Victory Media, Inc. expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Victory Media, Inc. cannot guarantee and does not promise any specific results from use of the Website.
N. Limitation on Liability
IN NO EVENT SHALL VICTORY MEDIA, INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, DIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF VICTORY MEDIA, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If there is any dispute about or involving the Website, you agree that the dispute shall be governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of Pennsylvania, County of Allegheny. Victory Media, Inc. may demand that any dispute between Victory Media, Inc. and you about or involving the Website must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Pittsburgh, Pennsylvania, USA.
You agree to indemnify and hold Victory Media, Inc., its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss or liability arising out of your use of the Website or from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website in violation of these terms of service and/or any breach of your representations, warranties and obligations set forth above and/or if any content that you post in Postings on the Website or through the sites causes Victory Media, Inc. to be liable to another.
Q. Links to Third Party Sites
The links to third parties contained within this Website will allow you to leave the Website. The sites that are linked to the Website are not under the control of Victory Media, Inc. Victory Media, Inc. is not, and shall not be, held responsible for the contents, in any way or form, of any linked site or of any link contained in a linked site. Victory Media, Inc. provides these links only as a convenience to you, the user of the Website; and the inclusion of any link does not imply endorsement by Victory Media, Inc. of the linked site.
R. Anti-Trust Policy and Competition Laws.
It is the policy of the NaVOBA and its members to comply
strictly with all applicable laws, including all antitrust and