lovethatshot.com requires that all persons or entities visiting this Website agree to the following terms and conditions. Please read our Terms of Use Agreement (the “TOU”) carefully before continuing on with your use of this Website or becoming a Member/Customer of the Website. The Agreement and/or Terms shall govern the use of the Website and apply to all Internet traffic visiting the Website. If you do not agree to any of these terms, then do not use the Website.
1. ACCEPTANCE OF TERMS AND BINDING EFFECT
THIS IS A BINDING AGREEMENT. BY USING AND/OR VISITING THIS WEBSITE (COLLECTIVELY, INCLUDING ALL CONTENT AVAILABLE THROUGH THE LOVETHATSHOT.COM DOMAIN NAME, THE “WEBSITE”), YOU (“User,” “YOU” OR “YOUR” ) SIGNIFY YOUR ASSENT TO THE TOU, THE WEBSITE’S PRIVACY POLICY, WHICH IS PUBLISHED AT WWW.LOVETHATSHOT.COM AND THE GOODS/SERVICES YOU OBTAIN FROM THE UTILIZATION OF WEBSITE’S SERVICES AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IT IS YOUR RESPONSIBILITY TO REVIEW THE TOU PERIODICALLY. IF AT ANY TIME YOU FIND THE TOU AND INCORPORATED AGREEMENTS UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE ALL USE OF THE SERVICES AND THE WEBSITE. YOU AGREE THAT BY USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
A. lovethatshot.com reserves the right to update the TOU at any time without notice to User.
B. The right to use lovethatshot.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
C. COMPANY shall have the right at any time to change or discontinue any aspect or feature of lovethatshot.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located or published at the bottom of our Web pages. Misti Tracy Media shall have the right at any time to change or modify the terms and conditions applicable to User’s use of lovethatshot.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on lovethatshot.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of lovethatshot.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Website and Protected Materials, Misti Tracy Media provides User with access to a variety of resources, including download areas, software, communication forums and product information (collectively “Services”). Protected Materials are all materials or other intellectual property rights, or which may be construed as proprietary information including, but not limited to, any and all technical and non-technical information that is valuable to Misti Tracy Media such as subscription programs, audio/visual programs, coaching programs, tele-seminars, tele-coaching, flip charts, audio/video products, books, training routines, training processes, course material, literature, pamphlets, processes, procedures, patents, trademarks, service marks, products, copyrights, trade secrets, techniques, sketches, drawings, models, invention, know-how and equipment related to current and contemplated products and services, inventions, manufacturing, purchasing, accounting, engineering, marketing, merchandising and sales, to the extent necessary and as may be reasonably required during the relationship will be considered protected material. The Services, including any updates, enhancements, new features, and/or the addition of any new Protected Materials, are subject to the TOU, the privacy policy and the domain licenses.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of lovethatshot.com and all charges related thereto.
5. USER CONDUCT
A. User shall use lovethatshot.com for lawful purposes only. User shall not post or transmit through lovethatshot.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Misti Tracy Media’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by User that in Misti Tracy Media’s discretion restricts or inhibits any other User from using or enjoying lovethatshot.com will not be permitted. User shall not use lovethatshot.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Misti Tracy Media.
B. lovethatshot.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of lovethatshot.com are copyrighted as a collective work under the United States copyright laws. Misti Tracy Media owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, re-transmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Misti Tracy Media and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on lovethatshot.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of lovethatshot.com, User automatically grants, or warrants that the owner of such material has expressly granted Misti Tracy Media the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store, or reproduce the material for that User’s personal use. User hereby grants Misti Tracy Media the right to edit, copy, publish and distribute any material made available on lovethatshot.com by User.
D. The foregoing provisions of Section 5 are for the benefit of Misti Tracy Media, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
A. The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
” Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
” Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
” Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
” Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
” Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
” Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
” Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
” Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
” Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
” Restrict or inhibit any other user from using and enjoying the Communication Services.
” Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
” Harvest or otherwise collect information about others, including email addresses.
” Violate any applicable laws or regulations.
” Create a false identity for the purpose of misleading others.
” Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
B. Misti Tracy Media has no obligation to monitor the Communication Services. However, Misti Tracy Media reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Misti Tracy Media reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Misti Tracy Media reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Misti Tracy Media’s sole discretion.
C. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
D. Always use caution when giving out any personally identifiable information in any Communication Services. Misti Tracy Media does not control or endorse the content, messages or information found in any Communication Services and, therefore, Misti Tracy Media specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized Misti Tracy Media spokespersons, and their views do not necessarily reflect those of Misti Tracy Media.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing Misti Tracy Media with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Misti Tracy Media immediately of any unauthorized use of User’s account or any other breach of security. Misti Tracy Media will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Misti Tracy Media or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
A. Any software that is made available to download from the Services (“Software”) is the copyrighted work of Misti Tracy Media and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
B. The License Agreement is based upon one domain name use. Domains need to be fully owned by the User. Users can buy as many licenses as they need for as many domains that the User owns.
C. The Software is made available for download solely for use or personal use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. The Software is made available for download solely for use or personal use by end users according to the License Agreement. Violators will have their licenses revoked if they do not follow these terms and will be prosecuted to the maximum extent possible.
D. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, MISTI TRACY MEDIA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
E. FOR YOUR CONVENIENCE, MISTI TRACY MEDIA MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. MISTI TRACY MEDIA DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
MISTI TRACY MEDIA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MISTI TRACY MEDIA AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MISTI TRACY MEDIA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL MISTI TRACY MEDIA AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO MISTI TRACY MEDIA OR POSTED AT ANY OF ITS WEBSITES
A. Misti Tracy Media does not claim ownership of the materials User provides to Misti Tracy Media (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting Misti Tracy Media, its affiliated companies and necessary sublicenses permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all Misti Tracy Media Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of User’s Submission, as provided herein. Misti Tracy Media is under no obligation to post or use any Submission User may provide and Misti Tracy Media may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.
B. In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), User warrants and represents that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User has the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.
C. Misti Tracy Media is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Misti Tracy Media has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of lovethatshot.com, are those of the respective author(s) or distributor(s) and not of Misti Tracy Media. Neither Misti Tracy Media nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
12. COMPLIANCE WITH ALL INTELLECTUAL PROPERTY LAWS
When accessing the Website or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Materials you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Materials do not violate any laws or third party rights rests solely with you.
13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF LOVETHATSHOT.COM IS AT USER’S SOLE RISK. NEITHER COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT LOVETHATSHOT.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF LOVETHATSHOT.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH LOVETHATSHOT.COM.
B. LOVETHATSHOT.COM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT SHALL MISTI TRACY MEDIA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING LOVETHATSHOT.COM OR THE MISTI TRACY MEDIA SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE LOVETHATSHOT.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER MISTI TRACY MEDIA NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN LOVETHATSHOT.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. MISTI TRACY MEDIA, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER MISTI TRACY MEDIA NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
14. LINKS TO THIRD PARTY SITES
A. THE LINKS IN THIS AREA WILL LET YOU LEAVE MISTI TRACY MEDIA’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MISTI TRACY MEDIA AND MISTI TRACY MEDIA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MISTI TRACY MEDIA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MISTI TRACY MEDIA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MISTI TRACY MEDIA OF THE SITE.
B. Misti Tracy Media is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Misti Tracy Media has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of lovethatshot.com, are those of the respective author(s) or distributor(s) and not of Misti Tracy Media. Neither Misti Tracy Media nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
C. In many instances, the content available through lovethatshot.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with Misti Tracy Media. Misti Tracy Media neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on lovethatshot.com by anyone other than authorized Misti Tracy Media employee spokespersons while acting in their official capacities. Under no circumstances will Misti Tracy Media be liable for any loss or damage caused by a User’s reliance on information obtained through lovethatshot.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Misti Tracy Media. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
15. UNSOLICITED IDEA SUBMISSION POLICY
MISTI TRACY MEDIA OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN COMPANY’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO MISTI TRACY MEDIA. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO COMPANY OR ANYONE AT MISTI TRACY MEDIA. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT MISTI TRACY MEDIA MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
16. PRIVACY POLICY
Misti Tracy Media respects your privacy and permits Users to control the treatment of personal information. A complete statement of Misti Tracy Media current Privacy Policy can be reviewed on our “Privacy Policy” link located or published at the bottom of our Web pages.
17. MONITORING
Misti Tracy Media shall have the right, but not the obligation, to monitor the content of lovethatshot.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Misti Tracy Media and to satisfy any law, regulation or authorized government request. Misti Tracy Media shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on lovthatshot.com. Without limiting the foregoing, Misti Tracy Media shall have the right to remove any material that Misti Tracy Media, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
18. INDEMNIFICATION AND HOLD HARMLESS
User agrees to defend, indemnify and hold harmless Misti Tracy Media, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Misti Tracy Media by User or User’s Account.
19. TERMINATION
Either Misti Tracy Media, lovethatshot.com or User may terminate this Agreement at any time. Without limiting the foregoing, Misti Tracy Media shall have the right to immediately terminate User’s Account in the event of any conduct by User which Misti Tracy Media, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
20. PAYMENTS AND REFUND POLICY
A. Users are charged for membership service, written publications and online media products. If you pay a company other than us for the service, then the charges and billing terms are as stated by the other company. Even if you do not pay for the service, you may still incur charges incidental to using the service; for example, charges for Internet access, mobile text messaging, or other data transmission.
B. WHEN YOU CREATE A BILLING ACCOUNT, YOU ENTER YOUR PAYMENT METHOD. YOU MUST BE AUTHORIZED TO USE THE PAYMENT METHOD. YOU AUTHORIZE US TO CHARGE YOU FOR THE SERVICE USING YOUR PAYMENT METHOD AND FOR ANY PAID FEATURE OF THE SERVICE FOR WHICH YOU CHOOSE TO SIGN-UP OR USE WHILE THIS CONTRACT IS IN FORCE. WE MAY BILL YOU FOR MORE THAN ONE OF YOUR PRIOR BILLING PERIODS TOGETHER. IF WE INFORMED YOU THAT THE SERVICE WOULD BE PROVIDED INDEFINITELY OR AUTOMATICALLY RENEWED, WE MAY AUTOMATICALLY RENEW YOUR SERVICE AND CHARGE YOU FOR ANY RENEWAL TERM.
C. You may have received a limited time of free service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges. If you do not cancel your service, and we have informed you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorize us to charge your payment method for the service.
D. The price for the service excludes all taxes and phone charges, unless stated otherwise. These taxes and charges are your responsibility. Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the service from time to time, but we will tell you before we do.
E. If there is a specific time length and price for your service offer, then that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price.
F. If you do not agree to these changes, then you must cancel and stop using the service before the changes take place. If you cancel your service, then your service ends at the end of your current service time length or, if we bill your account on a period basis, at the end of the period in which you canceled.
G. You may cancel the service at any time, with or without cause. Go to www.lovethatshot.com to obtain information on canceling your service. Certain service offers may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the service by you will not alter your obligation to pay all charges made to your billing account for which you have already used the Services.
H. Not satisfied with your Purchase? We’ll give you your money back. Just ask!
Note that this money back guarantee only applies in the first 60 days of purchase. Once the first 60 days pass, we will not refund your money.
21. ENTIRE AGREEMENT
This Agreement, the privacy policy, domain licenses and any operating rules for lovethatshot.com established by Misti Tracy Media constitute the entire agreement of the parties and supersede all previous written or oral agreements between the parties.
22. ARBITRATION
Each party to this Agreement expressly agrees that all disputes, claims or controversies that exist or may come to exist between them including, without limitation, all disputes, claims or controversies that exist or may arise out of, under or in connection with this Agreement, first to binding arbitration located in Ada County, State of Idaho in accordance with the Commercial Arbitration Procedures of the American Arbitration Association. The parties agree that judgment upon the arbitration award will be final, binding and conclusive upon each party and may be entered into any court having jurisdiction. In the case of action under this Section, the prevailing party shall be entitled to recover its costs of the proceeding, including reasonable attorneys’ fees and out of pocket expenses.
23. CHOICE OF LAW, VENUE AND FORUM
The TOU, the privacy policy, domain licenses and any operating rules for lovethatshot.com shall be construed in accordance with and governed by the laws of the United States and the State of Idaho, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Ada County, State of Idaho, United States in all disputes arising out of or related to the use of the Website or, without reference to their rules regarding conflicts of law.
24. SEVERABILITY
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.
25. WAIVER
No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
26. HEADINGS
The section headings used herein are for convenience only and shall not be given any legal importance.
27. COPYRIGHT
All contents of Website or Services are: © Misti Tracy Media. All rights reserved.
28.TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
29. NO LICENSE
Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, logos and the like owned by Misti Tracy Media or by any third party.
30. NOTICES
Any notices to Misti Tracy Media shall be given by email to support (at) lovethatshot.com or by certified mail, return receipt requested to Misti Tracy Media, address 6700 N Linder Rd, Suite 156/449, Meridian, ID 83646. Any notice to Users shall be sent by email to the email address provided by the User. Email notices to a User shall be deemed delivered twenty-four (24) hours from the time the email is sent. Notices to Misti Tracy Media shall be deemed delivered five (5) calendar days after sent by certified mail.
31. COPYRIGHT INFRINGEMENT
Misti Tracy Media has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website or with the Services. Misti Tracy Media has adopted a policy that provides for the immediate suspension and/or termination of any Website or Services user who is found to have infringed on the rights of Misti Tracy Media or of a third party, or otherwise violated any intellectual property laws or regulations. Misti Tracy Media’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Misti Tracy Media to delete, edit, or disable the material in question, you must provide Misti Tracy Media with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 Misti Tracy Media to locate the material; (d) information reasonably sufficient to permit Misti Tracy Media to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) 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. For this notification to be effective you must provide it to the Copyright Infringement Unit, support (at) lovethatshot.com and by certified mail, return receipt requested Misti Tracy Media, address 6700 N Linder Rd, Suite 156/449, Meridian, ID 83646.
32. INDEPENDENT PARTIES
You and Misti Tracy Media expressly agree that each is an independent contractor of the other. Neither party is an agent, representative, broker, employee, partner or joint venturer of the other party. This Agreement shall not be interpreted or construed to create an association, joint venture, agency, franchise or partnership between the parties or to impose any partnership obligation or liability upon either party
33. ACKNOWLEDGEMENT
BY USING THE SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
We believe your business is no one else’s. Your privacy is important to you and to us. So we’ll protect the information you share with us. To protect your privacy, Misti Tracy Media follows standard principles in accordance with worldwide practices for Customer/Member privacy and data protection.
PRIVACY POLICY
Misti Tracy Media’s policy is to respect the privacy of all of our visitors, so the following policy statement tells you about what information we may receive, send or ask of you, what its used for and ways you can control its use.
Generally, anyone can come to visit lovethatshot.com, and Misti Tracy Media will not keep information about these visits except for a record of how many total visits have been made to the Web Site and its various web pages altogether (not how many times any single person has visited).
However, if you become a Customer/Member (see our Terms of Use Agreement for a detailed explanation), which requires giving identifying information to Misti Tracy Media (together referred to in this document as a “Customer/Member “), Membership records will be started according to information you give us or that we receive from or send to your computer.
SECURITY
Misti Tracy Media has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Your Personal Information is stored on secure servers that are not accessible by third parties. We provide you with the capability to transmit you Personal Information via secured and encrypted channels if you use a similarly equipped web browser.
These security measures are in place to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
Misti Tracy Media does not store your personal credit card information. That information is stored with your credit card provider.
Misti Tracy Media strictly protects the security of your personal information and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access. Your information may be stored and processed in the USA or any other country where Misti Tracy Media, its subsidiaries, affiliates or agents are located.
You also have a significant role in protecting your information. No one can share these see or edit your personal information without knowing your user name and password, so do not share with others.
NOTICE CONCERNING CHILDREN AND TO PARENTS
We adhere to the Children’s Privacy Act. You must be 18 years of age to join or use lovethatshot.com or any of the recommended or linked sites. This site follows the guidelines, policies and laws of the Federal Trade Commission ( www.ftc.gov). We retain the right to refuse anyone membership in any of our sites. If we learn or have reason to believe that a User is underage according to the guidelines, policies and laws of the Federal Trade Commission, we will promptly revoke that User’s account and delete any personal information.
ENFORCEMENT
If for some reason you believe Misti Tracy Media has not adhered to these principles, please notify us at: support (at) lovethatshot.com or by certified mail, return receipt requested, to Misti Tracy Media, 4639 North Juntura Avenue, Meridian, Idaho 83646. We will do our best to determine and correct the problem promptly. Be certain the words Privacy Policy are in the Subject line.
ELECTRONIC PRODUCT REGISTRATION
When you buy and install a new product, we may ask you to register your purchase electronically. When you do, we merge your registration information with any information you’ve already left with us (we call that information your personal profile). If you haven’t previously registered with us, we create a personal profile for you from your product registration information. If you ever want to review or update that information, you can click on Update Profile, and edit any of the Personal Information in your profile. If you haven’t already created a membership, we will ask you to do so. This ensures that only you can access your information.
CUSTOMER OR MEMBERSHIP PROFILES
As mentioned above, every registered customer or member has a unique personal profile. Each profile is assigned a unique personal identification username, which helps us ensure that only you can access your profile.
When you register, you create your profile, your username and password. It is your passport to seamless travel across your member area, allowing you to download software and order more plug-in modules without having to fill out registration forms with information you’ve already provided. Even if you switch computers, you won’t have to re-register – just use your Registration ID to identify yourself.
WHAT WE DO WITH THE INFORMATION YOU SHARE
When you join us, you provide us with your contact information, including your name and email address. We use this information to send you updates about your order, questionnaires to measure your satisfaction with our service and announcements about new and exciting services that we offer. When you order from us, our 3rd party payment processors such as PayPal and Authorize.net will ask for your credit card number and billing address. They use this information only to bill you for the product(s) you order at that time. WE DO NOT STORE OR HAVE ACCESS TO YOUR CREDIT CARD INFORMATION ON OUR SERVERS.
We occasionally hire other companies to provide limited services on our behalf, including programming, answering Customer/Member questions about products or services, sending email and processing event registration. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.
CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION
Except as otherwise provided in this Privacy Policy, Misti Tracy Media will not share your personal information with any third parties without your consent.
Misti Tracy Media will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to:
i. Conform to the edicts of the law or comply with legal process served on Misti Tracy Media or the site;
ii. Protect and defend the rights or property of Misti Tracy Media and its family of Websites;
iii. Enforce our Terms of Use Agreement; or
iv. Act under exigent circumstances to protect the safety of the public or users of the Site.
If your information is lost or stolen, you must promptly notify us if your user name, or password is lost, stolen, or used without permission. In such an event, we will remove that user name, or password from your account and update our records accordingly.
The Site contains links to other websites. We are not responsible for the privacy practices or the content of such websites. We also make email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”) available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.
PERSONAL INFORMATION-WHY AND HOW “IP ADDRESSES” ARE USED
An IP address is a basic element of the way the Internet functions. It is a number that identifies your computer according to its IP address, and IP numbers are assigned to web sites automatically. IP addresses may also be identified in “header” information on emails. There may also be other services and occasions when IP addresses will appear. Always look carefully at what information may be displayed about you, including your IP address, and if you are unsure or uncomfortable about the appearance of your IP address, do not use this site service.
In addition to being an important part of how computers communicate with each other correctly, IP addresses can be used for other things, as well. In Misti Tracy Media’s case, IP addresses are collected for smooth operation in administrating our Web Site system, for purposes of collecting the non-personal “grouping” information for use by Misti Tracy Media and certain third parties, as discussed above, and to generally monitor the use of lovethatshot.com. IP addresses are exchanged many times when you are surfing the web, so, for example, if you select a web page or link within Misti Tracy Media, the IP address is recorded by the server by which Misti Tracy Media’s Web Site is connected to the internet.
For most purposes, your IP address will not be connected with personally identifying information, only the fact of that access to a given place on our web sites gets noted, but who you are individually will be anonymous, even to Misti Tracy Media. However, as with certain information discussed in other parts of this document, IP Address information will be used to help us identify a person if Misti Tracy Media, in good faith, believes it important for ensuring proper compliance with our rules and policies, if it appears to be necessary to comply with laws and to protect Misti Tracy Media, our members and customers or other third parties.
PERSONAL INFORMATION-OPTING OUT
Misti Tracy Media, our affiliates or selected third parties may use personal information you give Misti Tracy Media for marketing and promotions. You do not have to let us use this information in that manner. This is called “opting out,” and it means you can tell us not to use your personal information for these purposes:
i. Listing you in any Customer/Member directory,
ii. Receiving information from us about Misti Tracy Media and our services and products, or
iii. Receiving information from third parties selected by us because, for example, your interests seem to match services or products they offer. To opt out, contact support (at) lovethatshot.com, modify your personal information or cancel your Membership.
In addition, there may be specific opt-out processes available when you enter certain areas of our Web Site, join groups, use services or when other merchandise is offered. When you see such opt-out notices, read them for information on how to opt out at that time. Also, some promotions may ask if you’d like additional information. Choosing to ask for additional information may require transfer of your email address, but if more personal information than that is required, you will be notified prior to such information being transmitted and may opt out by cancelling the request at that time.
OTHER IMPORTANT COMPANY PRIVACY ISSUES
A “Cookie” is a small file sent to and stored in your computer to keep accurate records and customize certain services. In fact, it’s become so common that you can almost always expect cookies to be sent to your computer from a wide variety of Internet sites.
For Misti Tracy Media, cookies are designed to try to make your visits more personal and helpful according to the ways you use our Web Sites. They tell us the name that a Customer/Member uses at Misti Tracy Media and can tailor things like greetings, e-cards and so-forth to make your use of Misti Tracy Media feel like you’re right at home. They can also tell us, for example, that you focus on particular types of information you need as a Customer/Member, and the cookie may automatically see to it that when you log in you get a message about some new feature in your areas of interest or about other services that fit the way you use Misti Tracy Media. Also, sometimes when messages are sent to certain Misti Tracy Media destinations, like “customer service,” a cookie may be used to help process your message more efficiently and accurately.
However, cookies at Misti Tracy Media are never used for storing or accessing important personal information that you alone should control the use of-like your password or your credit card number.
Even though cookies are usually thought to be helpful to web sites and their users alike, not everybody wants them being put in their computer. That’s okay, but there are two things you need to know: if you don’t have cookies, not everything on your Misti Tracy Media visits may be accessible, as efficient or as personable; and, stopping cookies is something we can’t do, instead you have to do it in your own computer.
Stopping cookies shouldn’t be difficult; however, because cookies are so commonly used and welcomed today, most browsers are set to automatically accept them. Even so, if you look through the settings in your browser, often in “preferences,” “setup” or “configuration,” you should be able to find a place where you can change the cookies setting, either to tell your browser never to accept cookies, or to tell your browser to notify you if a cookie is about to be sent and give you a chance to accept it or not. In the latter case, you should know that cookies are often just numbered or use some kind of computer term that will not be helpful for you to identify what the cookie is actually for so that you can make a clear choice, but the option is yours.
SPECIAL CONCERNS ABOUT HYPERLINKS
In this document, there are buttons or underlined words and phrases that you can click on. You will find these all over our Web Site and nearly every other web site you visit throughout the Internet, too. Some of them link to other parts of the same web site, but others will send you to another site unrelated to the web site you were at. This kind of link is called a hyperlink and could send you to a web page a block away or on the other side of the world.
When we use hyperlinks at Misti Tracy Media, we try to make sure they are updated and accurate links and that they are compatible with the kinds of visitors we have. However, Misti Tracy Media has no control over the business, operations or representations of these hyperlinks to unrelated web sites-and any hyperlinks included on them-and what the destination web pages may contain. Misti Tracy Media’s Privacy Policy does not cover other such destinations. You should always be careful at other web sites about how they operate and how information is being used. They may have their own policies that differ from Misti Tracy Media’s, they may send different kinds of cookies and they may gather and use information in very different ways than Misti Tracy Media.
We can take no responsibility or protect you on other web sites, so always be careful-not just about things like opting out on advertising, but also about safety and security. Once again, carefully protect personal information about yourself, and be wary of who might get such information, especially the public through chat-rooms, bulletin boards or by email. Not being careful about this can be risky, and because Misti Tracy Media can’t control these hyperlinked sites or users, and because our own policies and rules don’t apply, the risk is on you to decide how, and how not, to use them.
DO YOU ACCEPT OUR PRIVACY POLICY?
By using this Web Site, you are verifying that you agree to, and will abide by, the terms of the Misti Tracy Media Privacy Policy.
IF YOU DO NOT AGREE TO DO SO, STOP VISITING OUR WEB SITES.
Second, check our privacy policy every once in a while. Certain things may change over time, and we may include new information and privacy policies that will be placed in this document. If you continue to visit Misti Tracy Media after any such changes, you will again be verifying that you agree to, and will abide by, the current privacy policy, as it then exists.
UPDATES AND CHANGES TO PRIVACY POLICY
We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site.
QUESTIONS & COMMENTS?
Misti Tracy Media is always ready to review your questions and comments and we will attempt to give you our best responses. Remember, we have a lot of Customer/Member s and other visitors to respond to, as well, but we will try to reply as promptly and thoroughly as possible. To contact Misti Tracy Media about our privacy policy, send an email to support (at) lovethatshot.com
By purchasing/downloading Love that Shot digital products, you are agreeing to a license to use these products for PERSONAL or LIMITED PROFESSIONAL use and agree to these terms.
This license extends to the single, individual Purchaser (the one who originally bought this product). This license does not extend to companies, partnerships, LLC’s and/or corporations and may not be resold, loaned, and/or gifted to another individual and/or party.
YOU MAY:
- You may use these products for your own personal use: photography, art, scrapbooking, etc…
- You may use these products to create backgrounds for your personal website and/or blog.
- Photographers may use these products in creating your portraits, greeting cards, albums, etc. for your clients.
- You may use these products to create derivative art or photography that you sell on Etsy, RedBubble, etc. as long as it is not being sold as a texture, overlay, or digital paper.
- You must create a flattened, finished image for your products that will be sold as art.
YOU MAY NOT:
- You may NOT share, loan or redistribute/sell any of these files in any way, such as hosting them on your website, blog, Facebook, Flickr, etc.
- You may NOT use these files to create and sell textures, digital scrapbook papers, elements or kits.
- You may NOT use these items to create/design blogs or websites for others.
- You may NOT use these images and/or files to create brushes, shapes, and/or stamps for the purpose of re-sale.
- You may NOT use these products to create items for mass production or print (unless you are a photographer creating for clients-see above).
**We reserve the right to refuse service to anyone who knowingly violates federal copyright laws.
All digital designs by Michelle Johnson – My Two Seasons / Misti Tracy / Love that Shot are copyright protected.
©2010-2021 Michelle Johnson – My Two Seasons / Love that Shot
©2010-2021 Misti Tracy / Love that Shot
If you have any questions about the above terms, please contact us at support (at) lovethatshot.com
Any photos of individuals distributed in download files are included solely to demonstrate the tutorial. Please do not use or redistribute them in any way.
You may use the stock photos, backgrounds, textures and brushes for your own personal use. All we ask is that you give credit where credit is due! You do not have permission to use these for commercial purposes without written permission from Misti Tracy Media.