PERSONAL
VIDEO MESSAGES
1. Introduction.
Thank you for
visiting The Activators' ("THE ACTIVATORS") website ("Site").
This policy discusses certain rules and conditions governing Personal
Video Messages ("PVM" or "PVMs") including, without limitation,
to the use of PVMs and the collection of personally identifiable information
about customers, potential customers, and users provided to THE ACTIVATORS
via this Site.
PLEASE READ
THIS POLICY BEFORE SIGNING UP OR REGISTERING FOR PVMs.
In addition, by accessing the Site, using the Site or by clicking on
a box that states you accept or agree to this Policy, you are agreeing
to comply with and be bound by the following Policy. If you are
under the age of 18 years old, please make sure to have your parent
or legal guardian review and discuss this Policy with you as well as
THE ACTIVATORS' Terms of Use,
Privacy Policy, and any other legal notices
posted on this Site. If you do not agree to this Policy, please
do not view, access, or otherwise use this Site.
The terms "THE
ACTIVATORS" or "us" or "we" or "our"
refers to The Activators, LLC, the owner of the Site, and any of its
subsidiaries, affiliates, partners, agents, attorneys, officers, directors,
and employees. The terms "you" or "your"
refer to the user or viewer of the Site and/or parent or legal guardian
of the user or viewer. The terms "use" or "using"
in this agreement refers to any time when an individual (a "user"),
directly or indirectly, (a) accesses or attempts to access, displays,
views, prints or copies from the Site, (b) receives, transmits or exchanges
data with the Site or with the Site's users, (c) signs up for THE
ACTIVATORS' newsletter, or (d) in any way utilizes, benefits from,
or interacts with any feature, function, service of the Site for any
purpose.
2. Updates.
Due to the Internet's rapidly evolving nature, THE ACTIVATORS may need
to update this Policy from time to time. THE ACTIVATORS reserves the
right to change, modify, or otherwise alter our Policy at any time and
at our sole discretion without specific notice to you. THE
ACTIVATORS will post any updated Policy on our Site so you are always
aware of what personally identifiable information we may collect and
how we may use this information. THE ACTIVATORS encourages you to review
this Policy regularly for any changes. Your continued use of this Site
and/or continued provision of personally identifiable information to
us will be subject to the terms of the then-current Policy and shall
constitute your acceptance and acknowledgement of the then-current Policy.
3. Information
Collection and Use.
You can generally visit our Site without revealing any personally identifiable
information about yourself. We do not collect any personal information
unless the user voluntarily provides us with this information.
In order to
request or register for a PVM, you may be asked to provide the following
types of information: your name, email address, address, zip code, hometown,
age, date of birth, hobbies, interests, and favorite Activators' character
or video. THE ACTIVATORS will not require you to disclose more
information than is reasonably necessary. You may refuse to submit
any such personally identifiable information through the Site in which
case you can still view certain aspects of the Site but will not be
able to register for a PVM.
Your personally
identifiable information will be used to create a PVM. This information
will not be used except to deliver certain services, products or information
you have requested, send you notices for products and/or services that
you have used or that may be of interest to you, send you newsletters,
and improve the content and general administration of the Site.
4. Children
Under 13 Years of Age.
THE ACTIVATORS recognizes the privacy interests of children and is committed
to protect those interests. We encourage parents and guardians
to take an active role in their children's online activities and interests.
THE ACTIVATORS does not knowingly collect or solicit personally identifiable
information from children under the age of 13 without the consent of
his/her parent or legal guardian. Personally identifiable information
from children under the age of 13 will only be collected from and with
the consent of that child's parent or legal guardian.
If you are
under 13 years of age, you should not submit personally identifiable
information that would be transmitted to us or any user via the Site.
Only your parent or legal guardian may submit your personal information
to us.
In the event
we learn that we have collected personal information from a child under
13 years of age via the Site without the consent of that child's parent
or legal guardian, we will delete the information as soon as possible.
If you believe we have collected any such information from or about
a child under the age of 13 years old, please contact us immediately
by email at: info@TheActivators.net
5. Consent
from a Parent or Legal Guardian.
A child under
13 years of age cannot participate in any online feature or service
that requires the collection, retention, submission or use of personal
information, without consent from that child's parent or legal guardian.
Only the parent or legal guardian may submit personal information of
a child under 13 years of age to us. After this information has
been submitted, we will send an email to this parent or legal guardian
requesting confirmation of his or her consent to the collection, use
and/or disclosure of this personal information as well as the acknowledgement
of The Activators' information and collection practices and consent
to those practices.
THE ACTIVATORS
realizes that some children may not understand some of the information
on the Site. Please discuss this Policy, Privacy Policy, Terms of Use, and any other legal notices
or information on this Site with your children.
If you have
any questions or comments about this Policy or anything else on this
Site, please do not hesitate to contact us via email at: info@TheActivators.net
6. Access,
Modify or Delete Personally Identifiable Information about Children
Under 13 Years of Age.
At any time,
the parent or legal guardian of a child under 13 years old can review
the child's information, ask to have the information deleted and refuse
to allow any further collection or use of the child's information.
In addition, the parent or legal may refuse or revoke consent to the
disclosure of that child's information to third parties.
A parent or
legal guardian can access, modify or delete his or her child's information
by emailing us at: by email at: info@TheActivators.net.
Please provide us with the child's name, the email address of the
parent or legal guardian, and your specific request.
7. Sharing
and Distribution of PVMs.
PVMs cannot
be copied, distributed, forwarded, published, or shared with anyone
except the individual for whom that PVM was created and/or that individual's
parent assuming that individual is 13 years of age.
8. Ownership
of Intellectual Property.
All PVMs, including
all software, text, characters, images, videos, photographs, designs,
illustrations, audio and video files, artwork, graphics, databases,
logos, proprietary information, and copyrightable or otherwise legally
protective elements in a PVM, including, without limitation, the sequence,
arrangement, and selection thereof, and all trademarks, service marks,
and trade names are the property of THE ACTIVATORS and/or its subsidiaries,
licensors, affiliates, assigns, or other respective owners. The
PVMs are protected, without limitation, pursuant to United States federal
and state as well as the applicable foreign laws, regulations, statutes
and treaties. You do not acquire ownership rights to any PVM you
received or viewed or accessed through the Site.
9. Privacy
Policy.
Our Privacy
Policy, as it may change from time to time, is a part of this Policy.
You must review this Privacy Policy by clicking on this link.
10. Terms
of Use Agreement.
Our Terms of
Use, as it may change from time to time, is a part of this Policy.
You must review this agreement by clicking on this link.
11. Errors,
Corrections and Changes.
THE ACTIVATORS
does not represent or warrant the PVMs will be error-free, free of viruses
or other harmful components, or that defects will be corrected.
We do not represent, guarantee or warrant the information available
on or through PVMs will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or content of the
Site at any time. We reserve the right in our sole discretion
to edit or delete any text, videos, photographs, postings, audio files,
information or other content appearing on the Site.
12.
Delivery and Receipt of PVMs.
THE ACTIVATORS
does not represent, warrant or guarantee the PVM will be delivered,
transmitted, or otherwise received within a specific period of time
after the user submits a request for a PVM. We will provide all
commercially reasonable efforts to ensure the requested PVM is delivered
within a reasonable amount of time from the date the request for a PVM
is submitted.