Privacy Use Policy
You may unsubscribe from any of our e-mail marketing programs at any time. In every e-mail communication we send, there is an unsubscribe hyperlink that allows the recipient to unsubscribe from the specific marketing program by simply clicking the hyperlink provided and following the instructions that follow. We attempt to process all unsubscribe requests in a prompt fashion. However, after unsubscribing, we cannot guarantee that you will never receive another mailing from us, because we may obtain your e-mail address in the future through a different e-mail marketing program that you have opted into. We can guarantee, however, that if you should ever receive another e-mail communication from us, you will be able to remove your e-mail address via the unsubscribe hyperlink.
Our company reserves the right to provide aggregate or group data about our users for lawful purposes. Aggregate or group data is data that describes the demographics, usage, or characteristics of participants as a group, without disclosing personally identifiable information.
We also reserves the right to release current or past User information in the event that our company believes that the User is using, or has used, our services in violation of the terms and conditions, to commit unlawful acts, if the information is subpoenaed, if our company is sold or acquired, or when we deem it necessary or appropriate. By agreeing to these terms, you hereby consent to the disclosure of any record or communication to any third party when our company, in its sole discretion, determines the disclosure to be appropriate.
We endeavor to safeguard and protect our Users information. When Users submit information at the website, their information is protected both online and off-line. The privacy of your personal information is very important to us. Our employees are committed to our privacy and security policies.
No information should be submitted to, or posted at, any website by visitors under 18 years of age without the prior consent of their parent or guardian. Notwithstanding the foregoing, children 18 years of age and younger are not permitted to access this website and we do not knowingly collect personal information from such children. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
Users may receive e-mail confirming their registration with this site as well as promotional marketing of commercial products and services.
Our company does not endorse, nor is are we responsible for the accuracy of, the privacy policies and/or terms and conditions of each of the advertisers and/or third parties accessible through this website.
ZiggyTV is a direct marketer that delivers email messages to its subscribers. All information voluntarily provided to ZiggyTV by a registrant may be used to support our marketing partnerís data services business. These services include the provision of personally identifiable data to marketing companies, advertising agencies, data compilers, data companies, and, to the extent permitted by law, individual reference, email marketers and look-up service programs. Such information may be used by such companies to provide users via email with information on products and services that may be of interest to them. Users may unsubscribe to electronic mailings sent by us at any time by following the instructions contained at the end of every ZiggyTV newsletter or mailing. Users wishing to unsubscribe from ZiggyTV messages may reply to the message with the word 'remove' in your email message subject line or by clicking the "Remove yourself from future email here" link.
Since you may not become a member of ZiggyTV.com's services if you are under the age of 18, ZiggyTV.com complies with the Children's Online Privacy Protection Act of 1998. Advertisers and Publishers are also obligated to comply with COPPA.
If you inform ZiggyTV.com that ZiggyTV.com has collected or received information from a child under 18, ZiggyTV.com will delete such information immediately from its databases. No ZiggyTV.com Web Site is specifically directed to children under 18. ZiggyTV.com shall not knowingly distribute to third parties any personally identifiable information erroneously collected from children under 18.
Acceptable Use Policy
This Acceptable Use Policy (AUP) was created to help define appropriate and inappropriate usage of service. Adherence to these policies helps ZiggyTV to maintain a secure and reliable service for our Users. Throughout this document two key terms are used: services, which includes any servers, internal and external service links, routers, modems, and any other equipment or links, and Users, which includes both ZiggyTV's customers and any other users of our services.
Use of our service is permitted only under the terms of this Acceptable Use Policy. Any use of our services constitutes acceptance of this Acceptable Use Policy and an agreement to be bound by its terms.
Users of ZiggyTV's services agree to:
i. Assure that their use of ZiggyTV's service does not violate any applicable laws or regulations;
ii. ZiggyTV Users expect a reasonable degree of privacy. Users will not take any steps to violate the privacy of other Users, and will not make any attempts to ascertain passwords, or access to any files or information not their own;
iii. Users will not violate any applicable copyrights, trademarks, intellectual property, of any parties foreign or domestic, nor participate in the unauthorized distribution of copyrighted materials;
iv. Make all reasonable attempts to prevent unauthenticated or unauthorized access to private systems and services, and will not allow anonymous access or relaying of messages or mailings;
v. Upon ZiggyTV's request, make any changes needed to insure the quality and reliability of our provided service are not harmed by faulty or improper configurations to user equipment, systems or connections.
vi. Users of ZiggyTV's services must not allow their use to harm or hamper the quality and reliability of our services by way of interference with the normal function of our services.
Examples of inappropriate behaviors would include:
wide-scale distribution of unsolicited messages or mailings;
posting off-topic messages to newsgroups / discussion groups / mailing lists (for example, posting advertising to a discussion group whose charter prohibits it);
use of Services beyond their expressed purpose;
resale or re-distribution of service connections or access to parties not bound to ZiggyTV's terms and conditions excepting cases of account types specifically designated for resale use;
intentional distribution of computer worms or viruses of any kind to any audience or failure to correct the situation upon notification of the problem;
use of ZiggyTV's services to probe, scan, or access systems the user is not authorized to be accessing, including probes to ascertain the integrity of a system's security without the prior written authorization of the system's administrator.
Enforcement and Violations
The responsibility to follow these policies applies to all users and their traffic that connect to and / or traverse ZiggyTV services. ZiggyTV reserves the right to take action up to and including termination of access to ZiggyTV services and forfeiture of paid fees if these policies are not adhered to. ZiggyTV cannot be liable for any damages incurred by any parties due to ZiggyTV exercising its rights under this Acceptable Use Policy. Evidence of illegal or prohibited activities may be provided to Law Enforcement if deemed necessary by ZiggyTV personnel, or if demanded by a Court of Law.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIAL, AND ALL SERVICES PROVIDED BY COMPANY, IS BORNE EXCLUSIVELY BY YOU. SHOULD THE MATERIAL, OR ANY OTHER SERVICE PROVIDED BY COMPANY, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL THE COMPANY, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER SUBSCRIBERS, OR THEIR SUPPLIERS, LICENSEES, RESELLERS OR SUBSCRIBERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE WEBSITE.
LIMITATION OF LIABILITY
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
YOU AGREE TO BE PERSONALLY LIABLE AND FULLY INDEMNIFY THE COMPANY, ITS AGENTS, AND ITS SUCCESSORS AND ASSIGNS FOR ANY AND ALL DAMAGES DIRECTLY, INDIRECTLY AND/OR CONSEQUENTIALLY RESULTING FROM ANY ATTEMPTED OR ACTUAL UNAUTHORIZED DOWNLOADING OR OTHER DUPLICATION OF MATERIALS FROM THE WEBSITE BY YOU ALONE, OR WITH, OR UNDER THE AUTHORITY OF, ANY OTHER PERSON(S), INCLUDING, WITHOUT LIMITATION, ANY GOVERNMENTAL AGENCY(IES), WHEREIN SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, ALL DIRECT AND CONSEQUENTIAL DAMAGES DIRECTLY OR INDIRECTLY RESULTING FROM UNAUTHORIZED DOWNLOADING OF MATERIALS FROM THE WEBSITE.
ANY LIABILITY OF COMPANY, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT OF MEMBERSHIP FEE PAID BY, OR ON BEHALF OF, THE SUBSCRIBER TO THE COMPANY FOR THE PRECEDING MONTHLY BILLING PERIOD OR PAID TRIAL PERIOD, AS APPLICABLE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. COMPANY IS NOT LIABLE FOR DAMAGES RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY MATERIAL, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR THROUGH THE WEBSITE.
CLASS ACTION WAIVER
WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS-ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED.
YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE ONLINE SERVICE (“CLAIM”), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys fees.
Effective January 1, 2007
Modifications to this policy
This agreement is subject to change by ZiggyTV at any time, and any changes will be effective immediately after posting at http://www.ZiggyTV.com/privacy.php. Use of ZiggyTV's services after posting constitutes acceptance of any and all changes made.
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