I. BASIC SUMMARY
Sixteen Monkeys™ (may be referred to as “SixteenMonkeys”, "Sixteen Monkeys LLC", “Sixteen Monkeys”, “sixteenmonkeys.com”, the “Site”, “we”, “us”, the “Website”) is a site for commercial, educational, informational, and inspirational purposes. You are welcome to view, read, buy from, and study the content of this Site and use it for noncommercial, personal use only and only if the copyright and other notices are left in place and not removed from the content. You also cannot copy, distribute, modify, reuse, transmit, re-post or anything else with any of the content, including the offered products (free and paid), text, images, audio, and video, for public or commercial purposes unless you get written permission from Sixteen Monkeys™.
If you visit this site, you’re also legally obligated to the terms and conditions listed below and any other law or regulation that applies to the site, the Internet, and the World Wide Web. You shouldn’t access or browse this site if you have any problem with that, because once you start, you are bound by the terms and conditions.
Copyright by Sixteen Monkeys™ and its licensors. All Rights Reserved. This site is owned and operated by Sixteen Monkeys™ and its licensors.
If you have questions or comments regarding Sixteen Monkeys™, please email us at firstname.lastname@example.org.
II. THE SITE DOES NOT PROVIDE ADVICE OR ENDORSE PHYSICAL VIOLENCE AND CRIMINAL/ILLEGAL ACTIVITY OF ANY KIND; USE CAUTION WITH SITE LANGUAGE
The contents (the “Content”) of this website (“Sixteen Monkeys”, the “Site”, “we”, “us”, the “Website”), such as text, graphics, images, information obtained, and other material contained are for entertainment, informational, and educational purposes only.
Sixteen Monkeys™ does not recommend, endorse, or is affiliated with any companies or individuals mentioned on the Sixteen Monkeys™ site. Reliance on any information provided by us, our authors, administrators, and others appearing on the Site at the invitation of Sixteen Monkeys™ is solely at your own risk.
The Site may contain products that are graphic and offensive to some. We do not endorse or support any violent, criminal, or illegal activity of any kind. If you find these materials offensive, you may not want to use our Site.
To use our site, you hereby give us your age of consent. By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
III. TERMS AND CONDITIONS OF USE
The following terms and conditions govern all use of the Sixteen Monkeys™, Sixteen Monkeys, sixteenmonkeys.com website and all content, services, and products (free and paid) available through the website, including, but not limited to written tutorials and articles, images, videos, audio, products, clothing, art, e-books, books, and the Website.
You are responsible for making all arrangements necessary for you to have access to the Website. We reserve the right to withdraw or modify the Sixteen Monkeys™ site, and any service or material that we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
All content on this website is copyrighted and no part of this website or the related files may be reproduced or transmitted in any form, by any means (electronic, photocopying, recording, or otherwise) without prior written permission. You are not allowed to copy, lend, redistribute, sell, lease, or license the content published or purchased on this site in any form. Content that is created by Sixteen Monkeys™ may be used only for personal, educational, and noncommercial use and ONLY when the site and its licensors are properly attributed by mention of the Sixteen Monkeys™ site and retaining copyright stamps on all media.
A. INTELLECTUAL PROPERTY, TRADEMARKS, COPYRIGHT INFRINGEMENT
For purposes of these Terms and Conditions of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on this site.
All trademarks, logos, service marks, artwork, artists, copyright materials, and others on the website are acknowledged to the best of our ability and given credit to.
Many images you see on the site may fall under fair use, public domain and CC0 images, for the sole purpose to illustrate and educate. All artwork, artists and others are acknowledged on the website to the best of our ability.
All trademarks reproduced in this website which are not the property of, or licensed to, the owner are acknowledged on the website to the best of our ability. If you or any user of this site believes copyright, trademark or other property rights have been infringed by a posting on this site, please email us at email@example.com and we will credit, correct, update, or remove the image/content in question.
If you believe that material located on or linked to by sixteenmonkeys.com violates your copyright, you are encouraged to notify us in accordance with standard Digital Millennium Copyright Act (“DMCA”) Policy. Sixteen Monkeys™ will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Sixteen Monkeys™ or others may, in its discretion, terminate or deny access to and use of the Website. In an effort to protect the rights of copyright owners, Sixteen Monkeys™ maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers. In the case of such termination, Sixteen Monkeys™ will have no obligation to provide a refund of any amounts previously paid to Sixteen Monkeys™.
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Sixteen Monkeys™ and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Trademarks, registered trademarks, copyrighted material, service marks, graphics and logos used in connection with the Website may be the trademarks of third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Sixteen Monkeys™ or third-party trademarks. You hereby grant Sixteen Monkeys™ an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Website or Sixteen Monkeys™ services or the promotion thereof and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with Sixteen Monkeys™ or the promotion thereof.
B. USE OF CONTENT
Sixteen Monkeys™ authorizes you to view and read the material on the Sixteen Monkeys™ site solely for your personal, educational, noncommercial use if you include the following copyright notice: “©Sixteen Monkeys™. All rights reserved.” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Sixteen Monkeys™ site may be included elsewhere within the Site and are incorporated into these Terms and Conditions of Use by reference.
The Content is protected by copyright under both United States and foreign laws. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Sixteen Monkeys™. All rights not expressly granted herein are reserved to Sixteen Monkeys™.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
The use of the Site and the Content is at your own risk.
When using the Sixteen Monkeys™ site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Sixteen Monkeys™ and its suppliers. Accordingly, Sixteen Monkeys™ assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sixteen Monkeys™ site.
Access to the Content may not be legal by certain persons or in certain countries. If you access the Sixteen Monkeys™ Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
C. PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return/Exchange Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
D. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return/Exchange Policy.
E. PAYMENTS AND E-COMMERCE PLATFORMS DISCLAIMER
Our store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases, and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
We accept direct payments and all major debit/credit cards (VISA, MASTERCARD, DISCOVER, AMERICAN EXPRESS). We also accept third-party payment gateways such as PayPal. All payments are secure and confidential.
F. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
IV. DISCLAIMER OF WARRANTIES LIMITATION OF LIABILITY
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR THIRD PARTY VENDORS WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED, INCLUDING BUT NOT LIMITED TO ANY WORKFLOWS, PROCESSES OR TUTORIALS AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand that products and services on this site are provides “AS IS” and that you download from, or otherwise obtain content, use of information, tutorials, products or services through the Website at your own discretion and risk.
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. You specifically acknowledge that Sixteen Monkeys™ is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and we reserves the right to remove such materials from the Website without liability.
To the fullest extent permitted by law, in no event shall Sixteen Monkeys™ have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use by you of all or part of this Site.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
The information presented on or through the Website is made available solely for general information purposes. We do not make any statements regarding the accuracy, reliability, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
Any advice, tutorials and products (free or paid) that were created by Sixteen Monkeys™ are based on the authors’ own opinions and authors’ own experiences. You alone are 100% responsible for what you do or don’t do with it. If expert assistance is required, please seek the services of a competent professional.
Sometimes you may see articles/tutorials, videos, images that are submitted and posted by guest contributors. The views and opinions expressed within those posts are of the guest contributors and may not reflect the views or opinions of Sixteen Monkeys™.
In no event shall Sixteen Monkeys™, its licensors, its suppliers, or any third parties mentioned on the Sixteen Monkeys™ site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Sixteen Monkeys™ site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Sixteen Monkeys™, its licensors, its suppliers, or any third parties mentioned on the Sixteen Monkeys™ Site are advised of the possibility of such damages.
V. SUBMISSION, THIRD-PARTY LINKS, AFFILIATION, INDEMNITY
A. USER SUBMISSION PRIVACY
If you make any submission, you agree that you will not send or transmit to Sixteen Monkeys™ by email, (including through the email address listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party and that content will be non-confidential for all purposes. If you submit any business information, idea, concept or invention to Sixteen Monkeys™ by email, you agree such submission is non-confidential for all purposes.
If you make any submission of business information, idea, concept or invention to Sixteen Monkeys™ by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted Sixteen Monkeys™ a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Sixteen Monkeys™ may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to Sixteen Monkeys™. You agree to only submit Media (like photos, videos, or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. We try to answer every email in a timely manner, but are not always able to do so.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading or submitting media like images or video of other people without their permission is strictly prohibited.
By uploading or submitting any media on the or to the Sixteen Monkeys™ site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
You agree that you will not upload or submit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Website.
By uploading or submitting any media like a photo or video, (a) you grant to Sixteen Monkeys™ a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media authorizes Sixteen Monkeys™ to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Sixteen Monkeys™ and its affiliates, and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.
Sixteen Monkeys™ reserves the right to review all media prior to submission to the site or email and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
You grant Sixteen Monkeys™ and all other persons or entities involved in the operation of this Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of this Site. Sixteen Monkeys™ cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Sixteen Monkeys™ tools and services.
B. THIRD-PARTY LINKS
Sixteen Monkeys™ may provide links to third-party websites. Sixteen Monkeys™ also may select certain sites as priority responses to search terms you enter and Sixteen Monkeys™ may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. Sixteen Monkeys™ does not recommend and does not endorse the content on any third-party websites. Sixteen Monkeys™ is not responsible for the content of linked third-party sites, sites framed within the Sixteen Monkeys™ Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Sixteen Monkeys™ does not endorse any product, service, or treatment advertised on the Sixteen Monkeys™ site. Sixteen Monkeys™ is NOT affiliated or endorsed by any company or party mentioned on this Website in any way. Brands or product names are trademarks of their respective owners.
The use of any links does not necessarily imply a recommendation, affiliation or endorsement. Reference to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement or recommendation by Sixteen Monkeys™. Nor shall any information or statements contained on this server be used for the purposes of advertising, or to imply an endorsement or recommendation.
C. AFFILIATED DISCLAIMER
In the attempt to fully comply with the Federal Trade Commission’s (FTC) policy that demands we be transparent about any and all affiliate relations we may have on this website, we include this affiliate disclaimer. In plain English you, the visitor or customer, should assume that any and all links on this site are affiliate links. If you click on these links and go visit the resulting site, a cookie will be set in your web browser that will cause us to receive a commission “IF” you purchase a product on the other end. This is a legitimate way to monetize and pay for the operation of websites and we gladly reveal our affiliate relationships to you. At this time, we are, in no way, affiliated with anyone else.
Other vendors may also pay to place advertising on our sites in the form of banners, widgets, and hyperlinks. These are paid advertisements and while we do our best to only allow quality products and services to be advertised on the Site, we are not responsible for claims or testimonials made on paid advertising links. For further information, refer to FTC’s “Compensation & Affiliate Disclaimer Policy” (16 CFR Part 225).
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Sixteen Monkeys™ Site disclaims any responsibility for any harm resulting from your use of non-Sixteen Monkeys™ websites and webpages.
VI. COMPLETE AGREEMENT
You expressly agree that your use of, or inability to use, the service is at your sole risk. All products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, durability, title, and non-infringement.
In no case shall Sixteen Monkeys™, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
VII. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
A. WHAT WE COLLECT
We automatically collect and/or track the following: (1) non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request; (2) information knowingly provided by you through on-line forms, registration forms, surveys, and/or other entries, such as email addresses; (3) information, user specific or aggregate, on what pages our visitors access; and (4) e-mail addresses of visitors that communicate with Sixteen Monkeys™ via e-mail.
Web servers may automatically capture the following information from visitors to the Site, including the name of the domain and host from which you access the internet, the internet address of the Site from which you enter the Site, the pages you visit on the Site and the amount of time you spend on the Site, and keywords entered into browser platform search criteria. This visitor information may be used to improve the Site.
We collect your name and email address if you subscribed to receive email updates from the blog or the Site by submitting your name and email address. Sixteen Monkeys™ only contacts individuals who specifically request that we do so or in the event that they have signed up to receive our free newsletters and blog updates or have purchased one or more of our products.
During online product purchase from Sixteen Monkeys™, we automatically collects personally identifying information from our users such as a name, email, and buyer’s IP. This information is private and will never be shared with anyone, with exceptions of secure third parties involved in the transaction such as third-party payment pathways, i.e., PayPal.
We include an SSL certificate that uses the industry standard 128-bit encryption technology. This is the same level of encryption used by large banks to keep your information secure for secure payments. In order to accept Visa, MasterCard, and other credit cards, we are Level 1 PCI DSS compliant. From annual on-site assessments validating compliance to continuous risk management, we work hard to keep credit card and other sensitive data secure.
B. USE OF DATA COLLECTED
We use your name and contact email information to send you information about blog updates, newsletters, upcoming products, sales and deals on current products and relevant information about what we are currently up to on Sixteen Monkeys™.
Certain visitors to Sixteen Monkeys™ website choose to interact with Sixteen Monkeys™ in ways that require Sixteen Monkeys™ to gather personally-identifying information. The amount and type of information that Sixteen Monkeys™ gathers depends on the nature of the interaction. For example, we ask visitors who sign up for blog updates and newsletter email list at Sixteen Monkeys™ to provide a username and email address or by signing up on message boards (forums). Those who engage in transactions with Sixteen Monkeys™ are not asked to provide additional information, including as necessary the personal and financial information required to process those transactions. The reason we don’t need this information is because it is all handled through PayPal or a secure third-party payment pathway. These payment pathways do, however, need additional information to complete an order. Sixteen Monkeys™ does not disclose personally-identifying information other than as described. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Sixteen Monkeys™ does not sell, exchange, or release your personal information (name, e-mail address, IP address, mailing address, etc.) Your information is not shared with any other third party or company with exceptions of product purchase with secure third parties involved in the transaction. We are not responsible for the privacy practices or the content of those mentioned sites.
Your email and name information is stored at our list server that delivers Sixteen Monkeys™ emails (newsletters, blog updates, etc.). Your information can only be accessed by those who help manage those lists in order to deliver such email to those who signed up to receive such updates.
Any email from Sixteen Monkeys™ will include the ability to unsubscribe from future email messages. You can remove yourself at any time from our newsletter and blog updates by clicking on the unsubscribe link.
Unsubscribe links, in some emails, may not be available when we are contacting you directly or replying to an email which the sender emailed Sixteen Monkeys™ directly by typing in the email address. If you are on the Sixteen Monkeys™ email list and do not see an unsubscribe link at the bottom of an email, but would like to remove your email from Sixteen Monkeys™ updates/newsletters, contact us directly: firstname.lastname@example.org
Unsubscribing will ensure the customer is removed from the email list at Sixteen Monkeys™; this excludes customer service emails regarding the processing and status of a current product and replies if you contacted Sixteen Monkeys™ directly by typing in an email.
All emails sent to you by Sixteen Monkeys™ will clearly identify ‘Sixteen Monkeys™’ as the sender. FROM / SENDER: email@example.com (NOTE: The actual sender may alter, but all addresses will end with @sixteenmonkeys.com).
C. DISCLOSURE OF INFORMATION
We will not voluntarily share your name and email provided via the Site to any third party, except: (a) With third parties that we hire to perform services for us (these third parties are not authorized to keep or use your personal information for any other purpose), such as (MailChimp – emailing newsletter/blog updates service; PayPal – billing service in instances when a product is purchased; Direct Payments – shopping cart, in instances when a product is purchased); (b) To comply with legal requirements, such as law, regulation, warrant, subpoena, court order, or with a regulator or law enforcement agency or personnel.
Cookies: Like many other commercial sites, our Site utilizes standard technologies called “cookies” and clear GIFs to collect information about how our site is used. A cookie is a small data text file, which a website stores on your computer’s hard drive (if your web browser permits) that can later be retrieved to identify you to us. Cookies were designed to help a website recognize a user’s browser as a previous visitor and thus save and remember any preferences that may have been set while the user was browsing the site. A cookie cannot be read by a website other than the one that set the cookie. A cookie cannot pass on a computer virus or capture any of the Personally Identifiable Information that resides on your computer.
Clear GIFs: At times, we work with third-party service partners that employ clear GIFs (also known as pixel tags, single pixel GIFs, web beacons or action tags) for our benefit to help us measure advertising effectiveness. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of our users. The main difference between the two is that clear GIFs are invisible on the page and are much smaller, about the size of the period at the end of this sentence. Clear GIFs are not tied to your Personally Identifiable Information and only track the visitor traffic and behavior to and on our Site.
Clear GIFs can “work with” existing cookies on a computer if they are both from the same website or advertising company. That means, for example, that if a person visited “www.XYZ.com”, which uses an advertising company’s clear GIF, the website would match the clear GIFs identifier and the advertising company’s cookie ID number, to show the past online behavior for that computer. This collected information can be shared with the advertising company. We do, at times, provide such information to our third-party advertising service partners, but that information can only be used by our partner for our benefit and never includes personally identifiable information.
E. THIRD-PARTY WEBSITES AND EXTERIOR LINKS
This site contains links to other sites and we are not responsible for the privacy practices or the content of such sites.
F. YOUR OPT-OUT RIGHTS
You may opt-out of receiving communications from us and/or our partners by not submitting your information. We also allow you to remove your information from our email lists. If you remove your information from our email lists it will no longer be used by us to send updates, newsletters, and most of correspondence to you. You can remove your information from our email lists by clicking on the unsubscribe link at the bottom of most emails we send you, or by sending your request, in writing, via email to: firstname.lastname@example.org.
Herein, set forth by Sixteen Monkeys LLC.