Disruptive Media Publishers Inc. (DP) and its subsidiary companies respect the privacy rights of our online visitors and recognize the importance of protecting the information collected about you. We have adopted a corporate wide Online Privacy Policy that guides how we collect, store and use the information you provide online.
Disruptive Media Publishers adheres to the Safe Harbor Principles that were established by the U.S. Department of Commerce in consultation with the European Commission to comply with the European Commission’s Directive on Data Protection that went into effect in October, 1998.
California Residents: See below for your California Privacy Rights
If you have any questions, complaints, or comments regarding our privacy statement or policies, please contact the Privacy Policy Administrator at policy@disruptivepublishers.com. Alternatively you can contact the Privacy Policy Administrator by writing to:
Privacy Policy Administrator
Disruptive Media Publishers Inc.
#139 – 114 West Magnolia Street, Suite 400
Bellingham WA 98225
This privacy policy applies to the following web sites operated by Disruptive Media Publishers:
disruptivepublishers.com
my360theme.com
In addition, Disruptive Media Publishers owns several other domain names that point to the web sites listed above, and we will from time to time add new sites that may or may not be listed above. Please note that this policy applies only to sites maintained by Disruptive Media Publishers or its subsidiaries, and not to web sites maintained by other companies or organizations to which we link. This Privacy Policy applies only to information collected by Disruptive Media Publishers online, not offline.
Third Party Sites.
If you click on a link to a third party site, including on an advertisement, or an Ad company, you will leave the Disruptive Media Publishers site you are visiting and go to the site you selected. Because we cannot control the activities of third parties or other service providers, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as Disruptive Media Publishers. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to a Disruptive Media Publishers site, you should consult that site’s privacy policy before providing any personal information.
What is personal information and when does DP collect it?
Personal information is information that identifies you and may be used to contact you on-line or off-line. Disruptive Media Publishers collects personal information from our online visitors during (1) contests (registration or claiming a prize), (2) marketing surveys and email campaigns, or (3) registration for membership on our sites.
Information collected will vary depending upon the activity and may include your name, e-mail address, phone number, mobile number, home address, birth date, and credit card information. In addition, we may collect demographic information such as gender, zip code, information about your computer, hardware, software, platform, media, Internet IP address and connection, information about online activity such as feature usage, game play statistics and scores, user rankings and click paths and other data that you may provide in surveys or online profiles, for instance. We may combine demographic information with personal information. Prize winners may also be required to provide Social Security or Social Identification Number for tax purposes.
We do not require personal information to obtain access to any of our sites; however, you will not be able to access areas that require registration.
Whatever the purpose may be, we will only collect information to the extent reasonably necessary to fulfill your requests and our legitimate business objectives.
Public Data
Your participation in contest, programs and registration for events, is conditional upon you agreeing to us collecting, using, storing, transmitting and publicly displaying statistical data (such as your scores, rankings and achievements) generated through your participation.
Children
Disruptive Media Publishers encourages parents to spend time online with 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 from young children. Therefore, with respect to children residing in certain jurisdictions, no information should be submitted nor posted to Disruptive Media Publishers' online sites by children 12 years of age or under. In order for children 12 years old and under in such jurisdictions to participate in online activities that require registration, we require prior written permission or other verifiable consent from a parent or guardian. In other jurisdictions, prior written permission or other verifiable consent may be required from a parent or guardian for children under 14 or 18 years of age. Upon registration, the appropriate permission form will be made available. This form must be signed by the child's parent or guardian and returned to Disruptive Media Publishers by fax or mail to the Privacy Policy Administrator. Children 12 and under may not participate on certain of our sites. In some cases, we may not permit children under 14 or 18 years of age to participate in certain of our sites.
Once we have obtained parental consent, we are prohibited from conditioning a child's participation in an activity - like contests - on the child's disclosure of more personal information than is reasonably necessary to participate in the activity.
If for any reason you are concerned that your child's personally identifiable information maintained by Disruptive Media Publishers is not correct or complete, should you wish to have your child's personal information deleted from our records, or if you want Disruptive Media Publishers to discontinue further collection or use of your child's personal information, please contact our Privacy Policy Administrator who will be happy to review, update or remove your child's information as appropriate.
What happens to the information provided?
Disruptive Media Publishers does not disclose any personal information about children under 18 years of age who have registered on any of our websites to third parties, regardless of parental consent, or share or disclose personal information other than as set forth in this policy, provided however, that in the event of a merger, acquisition, or the unlikely event of bankruptcy, management of Disruptive Media Publishers’ customer information may be transferred to its successor or assign.
The personal information you provide will allow us to alert you to new products, features and enhancements; special offers; upgrade opportunities; and contests and events of interest. From time to time, we are approached by companies and organizations that provide products or services that we believe may be of interest to you, and we may provide your personal information to such third parties. We see this as a value-added service helping you to find useful products or services. We strive to limit use of the information you provide to those offers that we think you would appreciate receiving. You may opt out of this service. See the Privacy Policy Administrator contact information. We may send emails that may contain information regarding third-party products or services; however, this doesn’t mean that we’ve traded your personal information to any party.
We may use survey information in marketing surveys to select and direct advertising that is more likely to be of interest to a particular member. This information may be transmitted to an ad server owned by the advertising company to match members with ads that they are more likely to be interested in. However, we do not disclose any member's personal information to our advertisers without the member's consent. Participation in member surveys is entirely optional. We may share aggregate consumer data (which does not contain personal information) with the advertising companies.
From time to time, Disruptive Media Publishers may employ third-party contractors to collect personal information on our behalf, or to provide email delivery, product or promotional fulfillment, or other services on our sites. When requesting these services, you may be asked to supply your name, mailing address, telephone number and email address. When our third-party contractors collect and/or have access to the personal information you provide when requesting such services from Disruptive Media Publishers, Disruptive Media Publishers requires that they adhere to our stated privacy policies and protect the confidentiality of personal information they collect or have access to in the course of their engagement by Disruptive Media Publishers.
Finally, we may use your personal information for our internal marketing and demographic studies, so we can consistently improve our sites to better meet our visitors' needs. To enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, we may also disclose personal information to law enforcement, or the appropriate civil authorities.
Where is the information held?
Disruptive Media Publishers is a global organization and many of the computer systems on which Disruptive Media Publishers collects, stores, and uses the information it collects or receives are based in the United States and elsewhere. Your personal information may be transferred to, used, processed or held by Disruptive Media Publishers in the United States and in other countries, including countries both in and outside North America, and used for the purposes set out in this Privacy Policy.
Safeguarding Your Personal Information
We will only collect and use personal information in accordance with this privacy policy to the extent deemed reasonably necessary to serve our legitimate business purposes, and we will maintain appropriate safeguards to ensure the security, integrity, accuracy and privacy of the information you have provided. In addition, we will take reasonable steps to assure that third parties to whom we transfer any personal information will provide sufficient protection of that information.
DP Online Account Registration
When you complete an DP online registration process, you create an DP Online Account and become an DP Member (“Member”). Your Account allows you to participate in certain contest, programs and activities on DP sites. To create an Account, you must select a login name and password. Your login name is your DP online identity. 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 Terms of Service. 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 computer. You may not reveal your password to other users. DP will not ask you to reveal your password or ever initiate any contact with you asking for your reminder words. You agree to indemnify and hold DP 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 in any of our services is subject to termination if you or anyone using your Account violates our Terms of Service. If your Account is terminated, you may not join DP again without our express permission. If you wish to rejoin the service, please contact policy@disruptivepublishers.com.
Online Content
By "Content," we mean the software, communications, images, sounds, and all the material and information you see on our Service. DP, our Members, our affiliates, and our independent content providers provide most of the Content on DP’s sites. DP does not always pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on DP’s sites.
Strong vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for DP. Content standards may vary depending on where you are on DP’s sites, the type of contest or program you are participating in and the expectations of the community.. Always use your best judgment in online conduct.
DP representatives may monitor your communications on DP sites. But we cannot monitor all of the Content, and we do not attempt to do so. If you encounter something you don't want to see, you can report it to privacy@disruptivepubishers.com. To the maximum extent permitted by applicable law, DP does not assume any responsibility or liability for Content that is generated by Members or other guests. We reserve the right to remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. DP does not assume any liability for any failure to remove, or any delay in removing, Content.
If we removed Content that you created, we may send you a warning. If it's a serious offense or you've violated our rules before, we may ban you from participating DP sites and terminate your Account.
You also acknowledge that the time that you spend on DP sites is solely for entertainment purposes, and that no value can be attributed to such time. In particular (but without limitation), you understand that no value can be attributed to the time that you may spend accumulating digital objects (such as points, tokens and other objects) or developing Content.
Disruptive Media Publishers does not recognize or condone any outside service that may be used for the exchange of points, assets or attributes that you may accumulate as a result of participating in the Service or participating in a program or contest.
Public Nature of Communications
You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, and any other avenues of communication on this Service are public and not private communications, and that you have no expectation of privacy concerning your use of this Service. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our Service. DP is not responsible for information that you choose to communicate to other users on the Service, or for the actions of other users.
Once you post or send any Content to DP, you expressly grant DP the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your screen name in DP's discretion, and without any notice or compensation to you of any kind and grant all licenses, consents and clearances to enable DP to use such Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content.
LIMITATIONS ON WARRANTY AND LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF DP SITES, AND THE INTERNET IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DP OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT) YOU ACKNOWLEDGE AND AGREE THAT DP, ITS SUBSIDIARIES, LICENSORS, ADVERTISERS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF DP SITES. IN NO CASE SHALL DP OR ITS AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF DP SITES, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH DP. 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, DP’S AND ITS AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. DP DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH DP SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Notwithstanding the foregoing, nothing contained in this Agreement limits DP’s liability to you for fraudulent misrepresentations, death or personal injury caused by DP’s negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.
Indemnification
Upon request by DP, you agree to defend, indemnify and hold harmless DP and its affiliates, subsidiaries, employees, contractors, advertisers, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any Content on DP sites. DP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to DP in that matter. This Section shall survive termination of this Agreement.
Other Legal Terms
You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the DP Terms of Service and the DP Privacy Policy, including DP’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this Agreement and your Membership; and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with DP or relating in any way to your Membership or your use of DP Sites resides in the Courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving DP or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers. If you reside in any other country: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your Membership; and (ii)you expressly agree that exclusive jurisdiction for any claim or dispute with DP or relating in any way to your Membership or your use of DP Online resides in the courts of Northern California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Northern California in connection with any such dispute including any claim involving DP or its affiliates, subsidiaries, employees, contractors, advertisers, officers, directors, vendors and content providers. As noted above, Member conduct may be subject to other local, state, national, and international laws.
California Residents: Your California Privacy Rights
Under California law, California Residents who have an established business relationship with Disruptive Media Publishers (DP) or one of its subsidiaries may choose to opt out of DP disclosure of personal information about them to third parties for direct marketing purposes. As detailed below, our policy is not to disclose personal information collected online to a third party for direct marketing purposes without your approval. If you choose to opt-out at any time after granting approval, email policy@disruptivepublishers.com or write to:
Privacy Policy Administrator
Disruptive Media Publishers Inc.
#139 – 114 West Magnolia Street Suite 400
Bellingham WA 98225