WEBSITE: Good Vibrations VOD
Effective date: Aug 7, 2018
2504 San Pablo Ave
Berkeley, CA 94702
What types of PII does Good Vibrations collect?
Your privacy on the Internet is important to Good Vibrations. As part of the operation of the Website, certain pieces of information are gathered about the users registering to gain access to the site (individually, a "Registrant" and collectively, "Registrants").
Personally Identifying Information
"Personally Identifying Information" is information that individually identifies you, such as your name, company name, physical address, phone numbers, email address and any other information that would allow someone to identify or contact you. Good Vibrations asks for your PII so that it can understand your needs, determine if Good Vibrations products meet your needs, inform you about its products that it believes may be of interest to you, or comply with the law. Of course, you may choose not to provide Good Vibrations with PII; however, if you choose not to provide the requested information, you may not be able to use some or all of the features of the Website. Our server does not automatically record PII. Such information can become known to Good Vibrations via its Website only when you voluntarily submit it. Your knowledge and consent are required for the collection, use, or disclosure of your PII. However, Good Vibrations may also receive PII through various social media platforms, websites or services or from other sources.
Usage Data and Site Activity
On each visit to Good Vibrations' Website, Good Vibrations may collect certain limited non-personally identifying information your browser makes available whenever you visit the Website. This information includes your Internet Protocol address, browser type, browser language, as well as the date and time of your visit ("Usage Data"). We use this information to operate, develop, and improve the Website. This information does not include your PII. Our server does not automatically record PII. Such information can become known to Good Vibrations via the Website when you voluntarily submit it. We may disclose to third parties Usage Data regarding our Website. Your Usage Data may be aggregated with the Usage Data of others and not identify you individually or it may include associated data that does identify you.
How Does Good Vibrations Use Your PII?
You have the right to choose whether or not to accept cookies. However, they are an important part of how our digital services work, so you should be aware that if you choose to refuse or remove cookies, this could affect the availability and functionality of the Services.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. To do so, please follow the instructions provided by your browser which are usually located within the "Help" or "Preferences" menu. Some third parties also provide the ability to refuse their cookies directly by clicking on an opt-out link, and we have indicated where this is possible in the table below.
As part of its day-to-day business activities, Good Vibrations may share with third parties certain non-personally identifying log information your browser makes available whenever you visit the Website.
Due to the existing legal, regulatory and security environment, Good Vibrations may disclose aggregate level and/or PII about its Registrants to protect the rights, property or safety of Good Vibrations, our customers, or the public.
Sale or Transfer of Business
Service Providers and Partners
So that we can focus on providing customers with a quality product, we may establish relationships with other businesses whom we believe, based on a reasonable inquiry, to be trustworthy and who have confirmed that their privacy practices are consistent with our requirements (collectively "Service Providers"). For example purposes only, Good Vibrations may contract with Service Providers to provide certain services such as hosting and maintenance, payment processing and certain marketing and promotions functions. We only provide the Service Providers with the information necessary for them to perform their services on our behalf.
Good Vibrations may post on the Website stories, comments, letters, photographs and/or videos provided to us by our customers. When you submit the materials and other information to us you represent that you are authorized to submit such materials or other information and you grant to Good Vibrations a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products) you submit to any public areas of the Website (such as bulletin boards, forums and newsgroups), e-mail to goodvibes.com or any other means and in any media now known or hereafter developed. You also grant to Good Vibrations the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Good Vibrations for any alleged or actual infringement or misappropriation of any proprietary right in your submitted materials and other information to the Website.
Contests, Sweepstakes and Promotions.
If you choose to enter a contest, sweepstakes or promotion (collectively "Promotion"), your PII may be disclosed to third parties in connection with such Promotion, including without limitation, for purposes of posting your entry with attribution or otherwise as permitted in the applicable official rules for the Promotion, fulfilling your prize or including your name on a winners list. Also by entering a contest, sweepstakes or promotion, we may require you to consent to the use of your personal information or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. In addition, we may offer certain promotional content, such as sweepstakes, sponsored or co-branded with a third party, who may obtain the personal information that you submit.
How does Good Vibrations protect your PII?
Good Vibrations may store and process PII collected on the Website on its own servers or on the servers of its Service Providers (defined below). Paper copies containing all or part of the PII you supply to us may be made and kept in file cabinets as part of the course of normal business activity. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have implemented physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Although we take security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data, Good Vibrations does not guarantee that unauthorized third parties will never defeat measures taken to prevent improper use of PII. In the event of a security breach whereby your PII is acquired by an unauthorized person, Good Vibrations will take commercially reasonable steps to contain the breach and to notify you of the unauthorized acquisition.
Copyright and Licenses
The entire contents of the Website are protected by international copyright and trademark laws. The owner of the copyrights and trademarks is The Barnaby LTD or other third parties. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree that you shall have no recourse against Good Vibrations for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the Website.
Links to Other Materials
You understand that, except for information, products or services clearly identified as being supplied by Good Vibrations, Good Vibrations does not operate, control or endorse any information, products or services on the Internet in any way. Except for Good Vibrations identified information, products or services, all information, products and services offered through the Website or on the Internet generally are offered by third parties, that are not affiliated with Good Vibrations You also understand that Good Vibrations cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
Good Vibrations makes no representations whatsoever about any other website which you may access through the Website or which may link to the Website. When you access a non-Good Vibrations website, please understand that it is independent from the Website, and that Good Vibrations has no control over the content on that website. In addition, a link to the Website does not mean that Good Vibrations endorses or accepts any responsibility for the content, or the use, of such website.
Assumption of Risk
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE INTERNET. GOOD VIBRATIONS PROVIDES THE WEBSITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND GOOD VIBRATIONS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. GOOD VIBRATIONS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. GOOD VIBRATIONS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
Limitation of Liability
IN NO EVENT WILL GOOD VIBRATIONS BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE OR WEBSITE, OR DOWNLOADED FROM THE SERVICE OR WEBSITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE OR WEBSITE. EVEN IF GOOD VIBRATIONS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE, WEBSITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE OR WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, GOOD VIBRATIONS' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Good Vibrations, its affiliates, officers, directors, employees, agents, licensors, vendors and any third party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Website.
Third Party Rights
The Legal Notices are for the benefit of Good Vibrations and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Any rights not expressly granted herein are reserved.