APCA Membership Policies
Article I. Purpose and Sensitivity
The purpose of the Association for the Promotion of Campus Activities is to enhance, promote, and reinforce the experience of students and professionals in the field of campus activities programming. To that end, we have formed the association to further the education of students working within this field of academic experience and facilitate the campus activities promotional process. We further state that APCA is an equal opportunity employer and that all members of APCA shall be expected to act in a nondiscriminatory manner with all persons involved in and all matters pertaining to this association. This includes but is not limited to discrimination as it pertains to sex, race, creed, sexual orientation, physical challenges, national origin, or any other socially insensitive behavior. Members are expected to adhere to these tenets in all APCA dealings.
Article II. Membership
Membership applicants must submit a membership application form along with all membership fees. An authorized representative of the organization seeking membership must sign the membership application form. APCA accepts no liability for any misrepresentation by any organization member or other persons wrongfully claiming to be representatives of applying organization. Membership in APCA allows participants to register for and attend all APCA sponsored functions (with payment of appropriate fees), subscriptions to all APCA publications, access to all APCA services, and eligibility to serve on APCA committees and receive APCA appointments. Membership fees are non-refundable. Basic annual membership fees are currently $299 and APCA membership begins on date of acceptance and ends on the next occurrence of July 1st. Any adjustments to this schedule of membership terms must be made by the APCA executive director. APCA reserves the right to accept or refuse membership to any individual or organization based on APCA evaluation of the applicant. APCA also reserves the right to terminate any membership if it feels that the members continued association with APCA would be detrimental to the achievement of APCA goals and furthering of association principles. APCA executive director will have jurisdiction in all such membership matters. Applicant agrees to forever indemnify and hold APCA, APCA executive director & advisory committee, or any other APCA representatives harmless for rejection of application or termination of membership by executive director and from any other such claims and damages arising from any such termination or rejection of membership by APCA representatives. From time to time, the APCA will, in the normal course of the administration of APCA, make revisions and additions to APCA membership policies, grievance procedures, prices, exhibiting policies, showcase policies, or other policies in response to changing membership needs and input. Upon ratification by APCA executive director, final drafts of these policies will be binding upon all APCA members.
Exhibit Hall Policies
Tables must be set up by 1:00pm on 1st day of conference and manned for ALL scheduled exhibit halls. Failure to set up or occupy table may result in table closure and resale of table with no refund to previous purchaser. Exhibit hall booths WILL NOT be assigned under any circumstances without payment of booths fees. Applicant must be an APCA member in good standing to apply. Tables are 6′, skirted, and include 2 chairs, a wastebasket and an electrical outlet. Exhibit hall booths assigned on first fees received, first choice of booth basis. The applicant agrees to hold the APCA, its employees, volunteers, agents, and assigns harmless for the enforcement of any membership, exhibit hall, showcase, or ed session policies. Configuration of exhibit hall is subject to change without notice and APCA reserves the right to make changes to the exhibit hall layout and configuration.
APCA Showcase Policies
An exhibit hall booth must be purchased for each showcase accepted. Booth fees and at least one delegate fee are due upon submission of conference application. Fees for showcase spots are due within 10 days of showcase notification. Failure to forward showcase fees may result in loss of showcase spot assigned to that booth and all corresponding guarantees of showcase for the exhibitor. All delegates and showcasing artists must be registered guests at the official conference hotel. See travel & lodging area of registration for details.
- Types of Showcases Available
Note: FOR ANY SHOWCASES IMMEDIATELY FOLLOWING A MEAL ADD $100 TO PRICE. ALL SHOWCASES ARE 10 MINUTES IN LENGTH EXCEPT FOR LATE NIGHT EVENTS.
Mainstage: A Mainstage showcase is geared toward musicians, comedians, variety, and other entertainment-oriented artists. Any such acts may apply for this showcase. There is no price limitation on this category. Mainstage showcase pricing varies according to the conference attended.
Purposeful Programming: A showcase designed to teach learning outcomes to students and advisors for the acts performing. Immediately following each act, the host of the showcase will explain the specific learning outcomes that can be gathered from that particular performance or presentation. This can be very beneficial for the performers on the Purposeful Programming showcase due to the added educational value the schools can take from each of the acts seen. Purposeful Programming showcase pricing varies according to the conference attended.
Late Night Event: This showcase is designed for game shows, hypnotists, dance parties, or anything that cannot physically be showcased in 10 minutes. Late night events are one hour in length (extra time is possible depending on the conference). The total cost of a late night event is the cost of one booth and two non-meal showcases. Late Night Event showcase pricing varies according to the conference attended.
Emcee: APCA is selecting professional emcees for showcases at APCA conferences. The emcee will do up to 2 minutes to warm up the audience at the beginning of the showcase and fill in time between acts as needed by the showcase production manager. This type of emcee spot costs nothing to the emcee other than registration for the days they are emceeing. However, this is not an opportunity to showcase. This particular emcee spot is only to serve as an emcee and host.
If an artist is already showcasing and would like to emcee their particular showcase, then that emcee generally does his or her full 10- minute showcase in the opening slot and additional time as required by the showcase production manager for setup in between each act. APCA strongly cautions against applying for an emcee spot unless applicant feels confident that s/he can keep the audience energized during fluctuating amounts of time between acts. Price is same as type of showcase emceed. Pricing varies according to the conference attended.
Roving Artist: Acts in this showcase category include magicians, jugglers, mimes, and other acts capable of performing in a “no frills” (ie- no lighting, sound, or staging) environment. Typically, these acts are given a designated area in which to showcase during educational session breaks, conference registration, entrances to meals, exhibit halls, etc. A roving artist may also perform in their booth (booth demo) during all exhibit hall hours. Roving Artist showcases are priced at $399 per attraction.
Booth Demos: Inflatables, virtual reality machines, artistic workshops, caricature artists, mentalists, sleight-of-hand, balloon twisters, face painters, and other non-musical entities fall in this category. If sound or traffic from a booth demo continuously effects the normal operation of the surrounding booths, it will be closed without a refund of any fees. Booth demos may be performed only during exhibit hall hours inside the booth of the act approved for a booth demo. Booth Demos are priced at $199 per attraction.
- Showcase options
All associates wishing to showcase acts, products, or services must submit an online video demonstration for each showcase option for which they request a showcase spot. These demonstrations must be sent with showcase application and a link to the appropriate website must be included with your submission. Demonstration videos must be of an unedited, live performance and about 3-6 minutes in length. APCA will notify showcase applicants within 14 days of receipt of booth registration/showcase application as to which showcase options are accepted. The showcase option that is selected will be determined by APCA. All showcase fees are non-refundable upon notification of showcase acceptance. APCA reserves the right to reject any showcase option for any reason. If any or all options are unacceptable to APCA, associate member will only be charged for accepted showcases and corresponding booth fees per showcase. Exhibit hall booth and/or showcase acceptance will be at the sole discretion of APCA, with due regard to APCA sensitivity statements and category availability. Only current APCA members or their submitted artists may be considered for showcase selection.
III. Resubmission of options
Associates denied a showcase shall have the option to resubmit another artist or performer within 7 working days, provided exhibit hall booth and/or showcase spots are still available. If no resubmission is filed or all resubmitted acts are denied, booths purchased by associate member will be resold and assigned to other showcasing exhibitors. All refunds of booth and delegate fees will be forwarded to exhibitor within 30 days after a showcase denial.
- Showcase procedures
Specific showcase time slot requests are honored in order of conference booth registration: first-come, first-served. Sound check will be held on day of performance; sound check time to be announced by associate coordinator. Acts failing to appear for sound check forfeit right to sound check, and may, at associate coordinator’s discretion, be replaced by alternate and have fees forfeited. Any changes to stage plot submitted must be approved by showcase coordinator prior to the conference or at sound check. Live showcases will be 10 minutes in length for all showcase spots. Acts going over time allotted will have sound and lights cut off. Show call time is 30 minutes before performance. Any acts not present at this time may be replaced with an alternate act, all fees being forfeited. Agent representing act must be present with artist at sound check and during showcase. Act may not leave the showcasing area until authorized by showcase coordinator or the end of showcase. Failure to adhere to these provisions may result in loss of showcase. All controls of stage lighting and sound will be under APCA supervision. No acts or their representatives may run sound and/or lights without APCA authorization. Acts are responsible for setup and take down of any additional staging. Additional staging must be cleared by APCA in advance. All decisions of showcase coordinator in any of these matters are final. Firms & agencies showcasing acts warrant they have the right to represent act, have no legal barriers to acts’ representation, are authorized by act to represent them, are current APCA members, and are exhibiting conference attendees. Firm representing act must attend their booth during all exhibit hall hours. If these requirements are not met, showcase may be forfeited. All showcasing artists will receive one-day pass that does not include meals. Meal tickets for showcasing acts may be purchased for $25 per conference meal on the day of their showcase from the APCA registration desk. Artists not showcasing will require a day pass or full delegate pass to attend the conference.
APCA Cooperative Buying Procedures
APCA cooperative buying is a program that gives schools attending conferences the ability to merge their buying power, offering associates a block of booking dates in a specified time period in exchange for a lower price and sharing of travel costs with other schools. Travel and lodging costs may often be agreed to onsite by filling out a cooperative buying form and detailing the arrangements in the co-op travel rider section. Any cooperative riders attached to a commitment to block or onsite contract become part of the agreement and may not be changed without the consent of both parties. The time periods that schools can agree to set up a block are:
Isolated (A single date), 2 of 3 days, 3 of 5 days, and 5 of 7 days (X number of shows within a Y number of days, travel and lodging can be an additional cost or the price can be “All inclusive” of travel and lodging.) A typical cooperative pricing schedule in the conference program might be:
John Doe Represented by ABC Agency: Isolated: $1,500 2 of 3: $1,350 3 of 5: $1,200
5 of 7: $1,000 Plus travel and lodging. (or “All inclusive.”)
- Types of Interest
Attraction Interest (AI) – This option does not commit either party to a binding contract, it only retains the option for the purchaser to purchase at the published APCA conference program price for up to 21 days after the conference. When an attraction interest is indicated on a submitted and signed cooperative buying form, the school has indicated that it is strongly interested in booking the attraction. If the interested school wishes to book an attraction at isolated convention price structures or join a block, the attractions representative must be notified within 21 calendar days. All requested additions to a formed block are subject to reasonable travel and time constraints as determined by the conference cooperative buying coordinator, with final approval resting with the APCA.
Commitment to Block (CB) – When a commitment to block form is turned in to the cooperative buying center in the exhibit hall, the school has expressed their interest to enter into a contract if a block of as many as two schools are interested in the act on the specific date/s they have requested. If the block forms within 21 calendar days, the schools agreeing to the block must contract at the block price listed for that number plus any travel and lodging, lights, sound, etc. listed for the attraction in the APCA conference program or agreed to by cooperative buying form rider. Block prices are only available to buyers who have finalized a contract for the block pricing.
Request Contract (RC) – Buyer has agreed to purchase this attraction on site at the convention and bound to the terms of the APCA contract signed by both parties. Both parties agree to honor all APCA cooperative buying process guidelines and procedures as set forth in the APCA conference program. Associate artists and agencies are responsible for contacting the buyer for a final contract provided by associate member or buyer to finalize the date.
Previously Contracted (PC) – The act is previously contracted by another venue. Though blocks may form around this date and those dates are subject to the listed pricing structures in the APCA program, the original contract will not be altered without agreement from both school and attraction representative involved. This form must be accompanied by copy of the contract acknowledged by both parties to be correct.
- Notice of Cooperative Buying Options for APCA Conferences
These discounts will be offered to APCA member schools in an ongoing effort to enhance buying interest at the conference on the part of smaller schools. In order to participate in the APCA Onsite or Full-Time Enrollment (FTE) card discounts, you should indicate your intentions on the form. We will give you a sign for your booth onsite indicating your Onsite or FTE discount participation. Participation in these discounts is optional; used as an incentive tool for associates to encourage more business.
On Site Purchasing Discounts:
Participating associates will offer a 10% discount on any price published in conference program (isolated or block) to schools who book onsite by using either a request contract or commitment to block form. This discount is in addition to any block discounts available. Associates offering this discount will have a sign displayed in their booth. Onsite discount must apply to all members’ acts showcasing at conference.
FTE Cards & Discounts:
To encourage smaller school programming, the APCA offers the voluntary FTE (full-time enrollment) discount card program. Based on the full-time enrollment status of the campus, a school may receive between 3% and 7% off the listed price of a participating artist or other attraction. This discount is in addition to any other cooperative or onsite discounts, but the attraction must be booked onsite. The breakdown of the school population, full-time enrollment (FTE) discounts are: 9,999 – 5,000 FTE Discount – 3%; 5,000 – 3,000 FTE Discount – 5%; BELOW 3,000 FTE Discount – 7%.
These programs are completely voluntary. A listing of all associates offering these discounts will be published and distributed in the conference program. Additionally, all associates participating in either or both programs will be given signs to place in their booths indicating their participation. Schools accepted to receive full-time enrollment discount will be given FTE cards to present to participating associates when filling out cooperative buying forms. FTE discounts must apply to all of the member’s acts showcasing at conference.
APCA Educational (Ed) Session Policies
- Ed Session Options
An ed session is a breakout session for students and advisors that will educate them about some aspect of campus programming. These subjects can include, but are not limited to: leadership, diversity, event programming & planning, marketing, team-building, time management, etc. All associates wishing to present an educational session must submit an ed session proposal online here. APCA will notify presenters within 10 days of receipt of exhibit hall booth registration and ed session proposal(s) as to which ed session proposal(s) have been accepted. The APCA ed session coordinator will determine ed session selections. APCA reserves the right to reject any ed session proposal for any reason. Exhibit hall booth and/or ed session acceptance will be at the sole discretion of APCA, with due regard to APCA sensitivity statements and category availability. Only current APCA members or their delegates may be considered for educational session selection.
- Ed Session Procedures
Specific ed session time slot requests may be honored on a first-come, first-served basis, but final decision on placement will be granted to the APCA ed session coordinator. Room set-up will be held on day of presentation. The APCA ed session coordinator will announce each accepted presenter’s time, date and room. Presenters failing to appear for room set-up may, at the ed session coordinator’s discretion, be replaced by an alternate presenter. The ed session coordinator, prior to or during room set-up, must approve any changes to the room configuration or the changes may not be permitted.
Ed sessions will be 45 minutes in length for all sessions except keynote addresses. Keynotes may be 30 minutes or 1 hour in length, as determined by ed session coordinator. Presenters going over time allotted will be interrupted to make the room available for the next scheduled presenter. If the session starts late for any reason, it must still end at the allotted finish time, it must still end at the allotted finish time. Ed session call time is 10 minutes before presentation. The agent representing the presenter should be present with the presenter during the ed session if at all possible.
When conducting a keynote presentation, all controls of lighting and sound will be under APCA control and supervision. No presenter or their representation may run sound and/or lights without prior APCA authorization. Acts are responsible for set-up and take down of any additional staging. Additional staging MUST be cleared by APCA ed session coordinator in advance or may not be allowed. All decisions of the APCA ed session coordinator in any of these matters are final. Associate agencies presenting speakers warrant that they have the right to represent a speaker, have no legal barriers to speaker’s representation, are authorized by speaker to represent them, are current members, and have purchased exhibit space at the conference. Firm representing a speaker must attend their table during all exhibit hall hours or booth space may be closed. If these requirements are not met, ed session/keynote may be forfeit and replaced by an alternate presenter. EACH ED SESSION PRESENTER MUST BE A DELEGATE OF THE CONFERENCE AT WHICH THEY ARE PRESENTING.
APCA Refund Policies
APCA membership fee is non-refundable. If accepted for showcase, showcase fees must be forwarded within 10 business days to the APCA office or showcase will be forfeited and other conference fees may be lost. No fees will be refunded to applicants specifically requesting to attend without a showcase assigned to their exhibit hall booth or table. Must have one delegate fee paid to attend.
All delegates and showcasing artists must be registered guests at the APCA conference hotel. Applicant agrees that any legal disputes or civil actions arising from the application process, showcasing, exhibiting or any other aspect of their involvement with APCA must be brought forth in a court of competent jurisdiction in the state of Tennessee, and that any such matters would be construed by the laws of the state of Tennessee.
Privacy Policy
GENERAL
APCA Inc. (“Company” or “we” or “us” or “our”) respects the privacy of its users (“user” or “you”) whether they use our website located at www.APCA.com, including other media forms and media channels related or connected thereto (collectively, the “Website”) to participate in the Website’s public polling and opinion gathering services and resources or simply view the Website. The following Company privacy policy (“Privacy Policy”) is designed to inform you, as a user of the Website, about the types of information that Company may gather about or collect from you in connection with your use of the Website. It also is intended to explain the conditions under which Company uses and discloses that information, and your rights in relation to that information. Changes to this Privacy Policy are discussed at the end of this document. Each time you use the Website, however, the current version of this Privacy Policy will apply. Accordingly, each time you use the Website you should check the date of this Privacy Policy (which appears at the beginning of this document) and review any changes since the last time you used the Website.
Our Website is hosted in the United States of America and is subject to U.S. state and federal law. If you are accessing our Website from other jurisdictions, please be advised that you are transferring your personal information to us in the United States, and by using our Website, you consent to that transfer and use of your personal information in accordance with this Privacy Policy. You also agree to abide by the applicable laws of applicable states and U.S. federal law concerning your use of the Website and your agreements with us. Any persons accessing our Website from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure different from those of the jurisdictions mentioned above may only use the Website in a manner lawful in their jurisdiction. If your use of our Website would be unlawful in your jurisdiction, please do not use the Website.
BY USING OR ACCESSING THE WEBSITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY.
CHILDREN
Only persons 18 years of age and older are permitted to register for the Website. The Website complies with the provisions of the Children’s Online Privacy Protection Act (“COPPA”) and does not knowingly collect or maintain personal information from anyone under the age of 13, unless or except as permitted by law.
GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY-IDENTIFYING INFORMATION
Users of the Website Generally
“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information,” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person. Like most website operators, Company gathers from users of the Website Non-Personally-Identifying Information of the sort that Web browsers, depending on their settings, may make available. That information includes the user’s Internet Protocol (IP) address, operating system and browser type, and the locations of the Web pages the user views right before arriving at, while navigating and immediately after leaving the Website. Company analyzes Non-Personally-Identifying Information gathered from users of the Website to help Company better understand how the Website is being used. By identifying patterns and trends in usage, Company is able to better design the Website to improve users’ experiences, both in terms of content and ease of use. From time to time, Company may also release the Non-Personally-Identifying Information gathered from Website users in the aggregate, such as by publishing a report on trends in the usage of the Website.
We may also periodically obtain both Personally-Identifying Information and Non-Personally-Identifying Information about you from other Company-affiliated businesses, business partners, contractors and other third parties and add it to our account information or other information we have collected. Examples of information that we may receive include: updated address information, purchase history, and additional demographic information.
Web Cookies
A “Web Cookie” is a string of information that a website stores on a user’s computer, and that the user’s browser provides to the website each time the user submits a query to the site. Company uses Web Cookies to track the pages that users visit during each Website session, both to help Company improve users’ experiences and to help Company understand how the Website is being used. As with other Non-Personally-Identifying Information gathered from users of the Website, Company analyzes and discloses in aggregated form information gathered using Web Cookies, so as to help Company, its partners and others better understand how the Website is being used. Company does not attempt to link information gathered using Web Cookies to Personally-Identifying Information. COMPANY USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. WEBSITE USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
Third Party Advertisers
We use third-party advertising companies to serve ads when you visit the Website. These companies may use information (not including any Personally-Identifying Information) about your visits to this and other websites that are contained in Web Cookies in order to provide advertisements about goods and services of interest to you. Using a tool created by the Network Advertising Initiative, you can opt out of several third party ad servers’ and networks’ Web Cookies simultaneously. If you would like more information about this practice and to know your choices about not having this information used by these companies, please follow the following link: https://networkadvertising.org/managing/opt_out.asp. Please contact us if you would like to know the identity of the third-party advertising companies we are currently using to serve ads.
We allow advertisers to choose the characteristics of users who will see their advertisements and we may use any of the non-personally identifiable attributes we have collected (including information you may have decided not to show to other users, such as your birth year or other sensitive personal information or preferences) to select the appropriate audience for those advertisements. We do not identify you to the advertiser.
Web Beacons
A “Web Beacon” is an object that is embedded in a web page that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email. Company may use Web Beacons on the Website and in emails to count users who have visited particular pages, viewed emails, and to deliver co-branded services. Web Beacons are not used to access users’ Personally-Identifying Information; they are a technique Company may use to compile aggregated statistics about Website usage. Web Beacons collect only a limited set of information including a Web Cookie number, time and date of a page or email view, and a description of the page or email on which the Web Beacon resides. You may not decline Web Beacons, however, they can be rendered ineffective by declining all Web Cookies or modifying your browser setting to notify you each time a Web Cookie is tendered and permit you to accept or decline Web Cookies on an individual basis.
Aggregated and Non-Personally-Identifying Information
We may share aggregated and Non-Personally Identifying Information we collect under any of the above circumstances. We may also share it with third parties and our affiliate companies to develop and deliver targeted advertising on our Website and on websites of third parties. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our Website and the most popular features or services accessed. This information does not contain any Personally-Identifying Information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION
Website Registration
As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. Company collects a range of Personally-Identifying Information from and about Website users. Much of the Personally-Identifying Information collected by Company about users is information provided by users themselves at the time they register to open an account or thereafter add to their profiles. That information may include each user’s name, address, email address, and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender, age, date of birth, username, hometown and other demographic information, and other relevant information as determined by Company from time to time. Users of the Website are under no obligation to provide Company with Personally-Identifying Information of any kind, with the caveat that a user’s refusal to do so may prevent the user from using certain Website features.
BY REGISTERING WITH OR USING THE WEBSITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY IDENTIFYING INFORMATION AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.
Online Forums and Public Postings
Certain Personally-Identifying Information collected from users is disclosed as a matter of course as a result of those users’ use of the Website. We provide areas on our Website where you can post information about yourself and others and communicate with others or upload content such as text, photographs and videos. When you post information on another user’s profile or comment on another user’s post, that information will be subject to the other user’s privacy settings. Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. USERS ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM THEIR VOLUNTARY DISCLOSURE OF PERSONALLY IDENTIFYING INFORMATION.
Site Activity Information
We keep track of the actions you take on the Website, such as adding contacts, joining a group or an event, or authorizing an application. You are also taking an action when you provide information or content to us and share that information or content.
Friend Information
We may offer contact importer tools to help you upload your contacts’ addresses in order to enable you to find your friends on the Website, and invite your contacts who have not joined the Website to join. If you give us your password to retrieve those contacts, we will not store your password after you have uploaded your contacts’ information.
Company Communications
We may occasionally use your name and email address to send you notifications regarding new services offered by the Website that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the service. Generally, you may opt out of such emails through your account settings, though we reserve the right to send you notices about your account even if you opt out of all voluntary email notifications.
DMCA Infringement Notifications, Notices of Violations of Website Terms of Use and Other Communications Directed to Company
By submitting a copyright infringement notification under the Digital Millennium Copyright Act (DMCA) (explained further in our Infringement Policy) or other communication (including communications about content stored on or transmitted through the Website) you consent to have such communication forwarded to the person or entity who stored, transmitted or linked to the content addressed by your communication, in order to facilitate a prompt resolution. For notices of violations of our Terms of Use or other communications (but not DMCA copyright infringement notifications), upon request Company will edit out your name and contact information. However, DMCA copyright infringement notifications (including any personally identifiable information set forth in the notifications) will be forwarded as submitted to Company without any deletions.
Company Disclosures
Company will disclose Personally-Identifying Information under the following circumstances:
* By Law or to Protect Rights. When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our Company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Terms of Use or other agreements or policies, in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
* Marketing Communications. Unless users opt-out from receiving Company marketing materials through their account settings, Company may email users about products and services that Company believes may be of interest to them. If a user wishes to opt-out of receiving marketing materials from Company, user may do so by following the unsubscribe link in email communications, by going to your account settings or contacting us using the contact information below.
* Affiliates. We may share some or all of your personal information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates would include a parent company or any subsidiaries, joint venture partners, or other companies that we control or that is under common control with us.
* Third Party Service Providers. We may share your Personally-Identifying Information, which may include your name and contact information (including email address) with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our Website. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose.
* Business Transfers; Bankruptcy. Company reserves the right to transfer all Personally-Identifying Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Company’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally-Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and are given an opportunity to affirmatively opt-out of it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.
Changing Personally-Identifying Information; Account Termination
You may at any time review or change your Personally-Identifying Information by going to your account settings or contacting us using the contact information below. Upon your request, we will deactivate or delete your account and contact information from our active databases. Such information will be deactivated or deleted as soon as practicable based on your account activity and accordance with our deactivation policy and applicable law. To make this request, either go to your account settings or contact us as provided below. We will retain in our files some personal information to prevent fraud, to troubleshoot problems, to assist with any investigations, to enforce our Terms of Use and to comply with legal requirements as is permitted by law. Therefore, you should not expect that all your personal information will be completely removed from our databases in response to your requests. Even after you remove information from your profile or delete your account, copies of that information may remain viewable elsewhere to the extent it has been shared with others, it was otherwise distributed pursuant to your privacy settings, or it was copied or stored by other users. Also, certain types of communications that you send to other users cannot be removed, such as messages. Additionally, we keep a history of changed information to investigate suspected fraud with your account.
General Use
We use the Personally-Identifiable Information in the file we maintain about you, and other information we obtain from your current and past activities on the Website to: deliver the products and services that you have requested, manage your account and provide you with customer support, communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliate companies or other third parties, develop and display content and advertising tailored to your interests on our Website and other sites, resolve disputes, troubleshoot problems, measure consumer interest in our services, reward you for the ads you watch, inform you of updates, customize your experience, detect and protect us against error, fraud and other criminal activity, enforce our Terms of Use, and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems. In particular, we may examine your Personally-Identifiable Information to identify users using multiple user IDs or aliases. We may compare and review your Personally-Identifiable Information for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made on our Website, enroll you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.
CONTESTS, GIVEAWAYS AND SURVEYS
From time to time, Company may offer Website users the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with such activities will be treated in accordance with this Privacy Policy. From time to time, Company may also ask Website users to participate in surveys designed to help Company improve the Website. Any Personally-Identifying Information provided to Company in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in non-personally-identifying, aggregated form.
EMAIL TO FRIENDS FEATURE AND REFERRAL PROGRAM
Company may offer users the ability to send friends emails about the Website. If you choose to invite an individual to join the Website, you will need to provide his/her email address. We will automatically send your friend a one-time email inviting him or her to visit the Website. Company stores this information to confirm qualifying responses attributable to your account and to track the results of the invitation referrals. We do not store referred friends email addresses within our database unless they sign-up for the Website and agree to our Terms of Use and this Privacy Policy.
COLLECTION AND USE OF INFORMATION BY THIRD PARTIES GENERALLY
Company contractually prohibits its contractors, affiliates, vendors and suppliers from disclosing Personally-Identifying Information received from Company, other than in accordance with this Privacy Policy. Third parties are under no obligation to comply with this Privacy Policy, however, with respect to Personally-Identifying Information that users provide directly to those third parties or that those third parties collect for themselves. These third parties include advertisers, providers of games, utilities, widgets and a variety of other third party applications accessible through the Website. Company neither owns nor controls the third-party websites and applications accessible through the Website. Thus, this Privacy Policy does not apply to information provided to or gathered by the third parties that operate them. Before visiting a third-party, or using a third party application, whether by means of a link on the Website, directly through the Website, or otherwise, and before providing any Personally-Identifying Information to any such third party, users should inform themselves of the privacy policies and practices (if any) of the third party responsible for that website or application, and should take those steps necessary to, in those users’ discretion, protect their privacy.
SECURITY
We take security of your Personally-Identifying Information seriously and use reasonable electronic, personnel, and physical measures to protect it from loss, theft, alteration, or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot control the actions of other users with whom you share your information. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share will not become publicly available. We are not responsible for third party circumvention of any privacy settings or security measures.
PRIVACY POLICY CHANGES
Company may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to Company’s Privacy Policy will be reflected on this page and the date new versions become effective will be stated at the top of this Privacy Policy. New versions will be effective upon posting. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Users should regularly check this page for any changes to its Privacy Policy. Company will always post new versions of the Privacy Policy on the Website. However, Company may, as determined in its discretion, decide to notify users of changes made to this Privacy Policy via email or otherwise. Accordingly, it is important that users always maintain and update their contact information.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to our privacy officer as listed below.