Privacy Policy // Terms of Use // Copyright // Acceptable Use

IMPORTANT: YOUR USE OF THE WEBSITE CONSTITUTES ACCEPTANCE OF THIS PRIVACY POLICY

Privacy Policy

This is the Privacy Policy of Class3Creative.com (also referred to herein as “we," or "us"). If you have any questions about this Privacy Policy, please contact us using the contact information provided on the Class3Creative.com website. This Privacy Policy is one component of the terms and conditions which govern your relationship with us. This Privacy Policy explains the types of information we may collect and what we do with such information. We recognize the importance of privacy and have attempted to conform this Privacy Policy to applicable industry standards and practices existing at the time of its posting. We welcome your feedback. This Privacy Policy provides you information on the following areas:
  • Use of the Class3Creative.com website by children under the age of 13;
  • The information we collect, and whether this includes personally identifiable information;
  • What we do with your information, and how we share your information;
  • Security measures in place to protect against the loss, misuse or alteration of information under our control;
  • Choice and Correcting/Updating/Deleting/Deactivating Personal Information; and
  • Changes to the Privacy Policy.
  1. Use of the Class3Creative.com website by children under the age of 13
If you choose to access the Class3Creative.com website, you are representing to us that you are over the age of 13. We encourage parents to be aware of the online habits of their children. We urge parents to instruct their children to never give out their real names, addresses or phone numbers, without permission, when using the Internet. We recognize a special obligation to protect personal information obtained or received from children. Therefore, with respect to children under the age of 13, no information should be submitted nor posted to the Class3Creative.com website. If for any reason you are concerned that we have obtained your child's personally identifiable information (“PII”) in error and/or you wish to have your child's PII deleted from our records, or if you want us to discontinue further collection or use of your child's PII, please contact us immediately.
  1. Information we may collect, and whether this includes personally identifiable information
We may obtain information about you in different ways: Information you voluntarily provide. When you sign up for an account or hire us to perform services, we ask you for information that may include PII such as your name, address, account username and password. The information voluntarily provided by you during the registration process may also include or naturally entail other demographic information which is not personally identifying, such as gender, preferred language, age, occupation, household income, ZIP code or country. We do not collect credit card information because if you pay us by credit/debit card, your payment is made through a third party processor. We urge you to carefully review the privacy policy of the third party processor prior to making a payment by credit/debit card. If you authorize us to access your social network user data such as your Facebook® user data, we will automatically receive and record any information you have allowed us to access on your social network user account. As noted below, you can opt not to disclose such information to us. When you email us or otherwise communicate with us, we may store copies of such communications. This can result in the collection of PII such as your email address and your IP address as well as other information such as the routing of your communication and the date and time of your communication. Please be aware that all transmissions between you and us, including emails, URLs, cookie identification numbers, usage paths, and any PII they might contain, pass through many third party machines, operating systems, programs, browsers, web servers, networks, routers, Ethernet switches, ISPs, proxy servers, intranets, the public telephone systems, or other devices, any of which may create activity logs of such transmissions which are outside of our control. Information we may collect from your use of our website. Server Logs.  Our servers automatically record information that your browser sends and the Uniform Resource Locator ("URL") of the web page from which you came to us when you visit the Class3Creative.com website. These server logs may include information such as your Internet Protocol ("IP") address, browser type, browser language, date and time of your request, search terms and may include a domain name and the date/time for each page you view. We also collect the name of and information about any advertisement or other link that brought you to us. This information does not personally identify you. Cookies. “Cookies” are small files that collect information. We may send one or more cookies to your computer to obtain information which verifies that you are one of our users, maintains a history of your visits to the Class3Creative.com website and enables basic web traffic analysis using Google Analytics™ to capture information about page visits (ex. showing us which areas of our website are popular and which areas are not often visited, which allows us to improve our website). Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Geo-Location Information. Some devices, mobile or otherwise, allow applications to access real-time location-based information (for example, GPS). Our mobile apps collect such information from your mobile device whenever you use our mobile apps. If you upload photos and/or videos to our website, they may contain recorded location information. If you do not wish to share files embedded with your geo-location information with us, please do not upload them. If you don't want to store location data in your photos or videos, please consult the documentation for your camera, phone or other device to turn off that feature.
  1. What we do with the information we collect/store and how we may share the information
We use IP addresses to diagnose problems with our servers and to administer our website. Your IP address also is used by us to gather broad demographic information, such as your general geographic location and internet service provider.  IP addresses are further used to help determine the number of our users to maintain efficient administration of our services. This demographic information may also be used by us to analyze aggregate usage behavior. We use analytics data to serve ads based on a user's prior visits to our website. Website visitors may opt out of the Google Analytics™ cookie by visiting the Google® advertising opt-out page or they may opt out of Google Analytics™ by visiting the Google Analytics™ opt-out page. Google® has additional information available about their Remarketing Privacy Guidelines, Policies, and Restrictions. WE DO NOT use your PII other than in the course of performing services for you and collecting payment for those services from you. WE DO NOT sell your PII under any circumstances. We may combine the information you voluntarily submit to us with information from third parties in order to improve the quality of our services. We may display and make accessible information that you choose to share or make public, such as testimonials regarding our services. We may need to use information we collect from you in order to fulfill our obligation to provide you with certain services. As a natural part of providing those services, we may share such information with our employees, subcontractors, service providers (ex. data storage, database management, etc.), which we will do on an as-needed basis. We may share your PII, IP address, uploaded content and communications with law enforcement or other governmental agencies if and to the extent we have a good faith belief that it is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce agreements or resolve disputes between you and us, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of our company, its users or the public. We will disclose any information in our possession or control that is directly responsive to subpoenas, court orders, or other legal or governmental inquiries and such information might be used by the receiving party to determine your identity. We may be required to transfer your information to another business entity if we become involved in a merger or the sale of some or all of our assets. If this occurs, we will notify you if such a transaction results in your information being subject to a different privacy policy. We may disclose or share non-personal or anonymous or aggregated information (i.e. information organized in a manner so that it no longer reflects or references any individually identifiable user) with third parties. These third parties may use this aggregated information in order to provide advertisements on other websites and in other forms of media about goods and services which may be of interest to you.  If you would like more information and to know your choices about this practice, please visit: http://www.networkadvertising.org/choices/. We may need to share your information with a third party when you choose to access our website or communicate with us through a third party’s application (ex. a mobile device application). We are not responsible for what such third parties may do with your information. Before accessing our website or communicating with us using any third party applications, please make sure that you trust the third party and that the application’s privacy policy is acceptable to you.
  1. Security measures used to protect against the loss, misuse or alteration of information under our control
The security of your information is important to us. If we collect information from your computer, we encrypt it while it's being transferred to us. Once your information reaches our secure servers, we employ certain safeguards, such as maintaining firewalls and having an intrusion detection system, to protect the confidentiality, security and integrity of the information we maintain. Unfortunately, as with any information traveling over the internet and kept in servers, we cannot guarantee absolute security. When we work with third parties, we require that they maintain the confidentiality, security and integrity of the information and commit that the information is not used for any prohibited purpose. Additionally, we use commercially reasonable computer security safeguards to protect our databases and servers against risks of loss, unauthorized access, destruction, misuse, modification, or inadvertent or improper disclosure of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. Unfortunately, security risks cannot be completely eliminated and we therefore cannot guarantee complete security. If you send us an email, you should know that email is not necessarily secure against interception. Therefore, if your communication will include sensitive information like your bank account, credit/debit card data or social security number and you prefer not to transmit it electronically, please contact us by postal mail or telephone rather than email. We do not send emails asking for a user's username and password or its Windows® username and password or any other username or password.
  1. Choice and Correcting/Updating/Deleting/Deactivating Personal Information
We understand and respect that people have different privacy concerns. Our goal is to be clear about what information we collect and how it may be used, so that you can make meaningful choices. For example, you can:
  • Cancel your account at any time;
  • Decline to submit requested information (please note that this may affect our ability to provide services to you);
  • Control what information you post in public profiles and who you share information with;
  • Set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us (please note that this may affect our ability to provide services to you).
If we propose to use your PII for any purposes other than those described in this Privacy Policy, we will offer you an effective way to opt out of such use. If you would like for us to change or delete any of your PII in our possession or control, please contact us via email or through the Contact Us link on our website.
  1. Changes to this Privacy Policy
This Privacy Policy may change from time to time. You are responsible for periodically reviewing this Privacy Policy for any applicable changes. You agree that your continued use of the website following any changes to this Privacy Policy will constitute your acceptance of such changes. If you do not agree to any changes we make to the Privacy Policy, your only remedy is to discontinue your use of the website.

Last Updated: June 26th, 2018

Terms of Use

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. These Terms of Use (“TOU”), along with any posted rules or instructions, constitute the entire agreement between you and us regarding your use of the Class3Creative.com website.

YOUR USE OF THE WEBSITE CONSTITUTES ACCEPTANCE OF THESE TOU.

The website content is owned by Class 3 Creative Inc. (which may be referred to herein as “we,” or “us”).

We may change any of the terms contained in the TOU at any time by posting the revised TOU on this website. If we revise the TOU, such revision shall be effective thirty (30) days after posting the new TOU on this site. You are responsible for periodically reviewing changes to this TOU, which you can do by clicking on the “Terms of Use” or similar link. You agree that your continued use of the website following any changes to this TOU and after the changes take effect will constitute your acceptance of such changes. If you do not agree to any changes we make to the TOU, your only remedy is to discontinue your use of the website.

The website content is provided on an “AS IS” AND “AS AVAILABLE” BASIS. We reserve the right to modify, suspend or discontinue the website with or without notice at any time, for any reason, and without any liability. PLEASE SEE OTHER DISCLAIMERS BELOW.

When you complete the registration process, you create an account. Your account allows you to participate in certain activities on the website. To create an account, you must select a login name and password. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the TOU. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your account. You are solely responsible for all activity on your account and for the security of your login name, password, computer system and/or related system. You may not reveal your password to other users. You agree to indemnify and hold us harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates the TOU.

We disclaim any responsibility related to files uploaded by you or other users. By uploading files, you are assuming full responsibility for the consequences of doing so.

You are solely responsible for any and all conduct in entering, altering, modifying, sending or retrieving data, text information, screen names, graphics, photos, profiles, audiovisual clips, links or other content submitted, posted, displayed, transmitted or shared using your User Identification.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

We do not claim ownership of any content you submit, post, transmit or share using our website.

You give your consent that we may provide you with required notices, benefits and account information through electronic disclosure via email and postings on our website, or at the email address provided at the time of sign up (or as amended at our website by you from time to time).

You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with us regarding your use of our website. This includes without limitation any dispute related to, or arising out of: (1) any term of this TOU or our enforcement or application of this TOU; (2) the content available through this website or any change in such content; or (3) your ability to access and/or use this website.

ACCEPTABLE USE POLICY

This Section defines the Acceptable Use Policy ("Policy") relating to the Class3Creative.com website. You are responsible for continual compliance with this Policy. You agree that you will use the website in compliance with all applicable local, state, national, and international laws, rules and regulations. We take no responsibility for third party content, nor do we have any obligation to monitor such third party content. Nonetheless, we reserve the right to monitor content at any time for any reason. Further, we reserve the right to remove objectionable or personally identifiable information. We will not be responsible or liable for the exercise or non-exercise of your rights under this TOU.

If you become aware of any such activities, you are obligated to immediately notify us.

We reserve the right to suspend or terminate access to the website upon notice of a violation of this Policy. Indirect violations of this Policy using third parties shall be considered violations of this Policy by you.

We have the right, but not the obligation, to monitor any activity or content associated with the website. We may investigate any reported violation of this Policy and take any action we deem appropriate, including terminating your access to the website without notice.

By using the website, you expressly represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the website any materials which (i) restrict or inhibit any other user from using and enjoying the website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vi) constitute or contain false or misleading indications of origin or statements of fact. Your breach of this representation, warranty and covenant constitutes a violation of this Policy. Upon our determination, in our sole discretion, that you have violated this Policy, we shall terminate your access to the website without notice and to the extent possible, remove the offending material from the website. If you become aware of any such activities, you are obligated to immediately notify us.

We may report any activity we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect our systems and users, to ensure the integrity and operation of our business and systems, or in response to subpoenas, court orders, or legal requirements, we may access and disclose any information we consider necessary or appropriate, including your contact details, IP addressing and traffic information, posted content, and web usage paths. By using the website, you expressly consent to the foregoing use and disclosure.

INDEMNIFICATION

You agree to indemnify, defend and hold us harmless as well as any parent company, subsidiaries, affiliates (and each of our or their officers, directors, managers, employees, agents, representatives, information providers and licensors), against liability related to any claims, losses or expenses, including without limitation reasonable attorney's fees, arising from or in any way related to your use (or the use by any person using your computer or your account) of the website or your violation of this Policy, the TOU and/or the Privacy Policy. This indemnity obligation shall survive termination of the website.

NO WARRANTY

YOU ARE USING THE WEBSITE AT YOUR OWN RISK AND WE ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT, ERROR CORRECTIONS, UPDATES, UPGRADES AND/OR ENHANCEMENTS OF THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE WEBSITE OR INFORMATION OR CONTENT PROVIDED THROUGH THE WEBSITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR FAULT-FREE; (II) THAT THE WEBSITE WILL BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THAT THE WEBSITE IS NONINFRINGING. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THIS TOU OR THE WEBSITE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OWNERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION), INCLUDING WITHOUT LIMITATION ANY SUCH ACTION ARISING OUT OF (I) USE OF THE WEBSITE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION, (II) ANY USE OR INABILITY TO USE THE WEBSITE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE WEBSITE, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED, OBTAINED, OR PARTICIPATED IN, DIRECTLY OR INDIRECTLY, THROUGH THE WEBSITE, IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GENERAL PROVISIONS

By using the website, You:

  • agree that the substantive laws of the state of Florida, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this TOU;
  • consent to exclusive personal jurisdiction and venue in a court located in Palm Beach County, Florida for any legal action connected in any way, directly or indirectly, to the subject matter of this Agreement or to this website;
  • agree that you may not assign any or all of your rights and obligations under this TOU without our prior written consent, which may be withheld in our sole discretion;
  • agree that all provisions of this TOU relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the website, for whatever reason;
  • agree that nothing in this TOU shall be deemed to convey any third party rights or benefits;
  • agree that except as otherwise required by law, any cause of action or claim you may have with respect to the website, this TOU or this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred;
  • agree that if any portion of this TOU is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted and that the other provisions of this TOU remain in full force and effect;
  • agree that no waiver of any breach of any agreement or provision of this TOU, nor any failure to assert any right or privilege contained in this TOU, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision;
  • agree that the section titles in this TOU are for convenience only and have no legal or contractual effect; and
  • agree that this TOU (including all policies, notices and other terms incorporated into this TOU by reference) constitutes the entire agreement between you and us respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral.

Last Updated: June 26th, 2018