|
The web site TubeSat.com is an affiliated agent for SatelliteSoft.com. As such it's privacy policy and T & C is reflected in SatelliteSoft's Terms and Conditions as laid out in full below.
Terms and Conditions
All contents copyright © 2009. All rights reserved.
STATEMENT OF RESPONSIBLE ONLINE MARKETING
SatelliteSoft’s information usage practices are based on two beliefs: first, that protecting user privacy is essential to the growth and prosperity of the Internet; second, that a personalized web experience can provide significant benefits to Internet end users if done properly. In accordance with these beliefs, SatelliteSoft creates opportunities for advertisers and consumers in revolutionary ways without compromising individual privacy.
I. INFORMATION WE COLLECT: INDIVIDUAL INTERNET CONSUMERS
A. Personally Identifiable Information (PII).
SatelliteSoft’s sites are designed to offer Internet consumers with a variety of valuable products. When you place an order with our sites, you will be asked to provide your name, address, zip code, email address and billing information. This information is used to process your order and we cannot do so without it.
SatelliteSoft may use your PII for customer service, to provide you with information that you may request, to customize your experience on the Site, and to contact you when necessary in connection with transactions entered into by you on the Site. We also may use your personal information for internal business purposes, such as analyzing and managing our business or combine the information we have gathered about you with information from other sources.
Unless you tell us not to, we may use your personal information to contact you about offers or promotions from SatelliteSoft and selected third parties we think you would be interested in.
B. Non-Personally Identifiable Information (PII).
When you visit SatelliteSoft sites, we send a cookie and/or gif file ("Cookies") to assign an anonymous, unique identifier to the end user's Internet browser. Cookies are small data files commonly used on the Internet to help optimize and personalize the Internet end user experience and identify repeat visitors to websites. For example, Cookies enable SatelliteSoft to track your shopping cart and retrieve your information and preferences when you return to our site.
For each visitor to our website, our Web server automatically recognizes only the visitor's IP address. We use your IP address to help diagnose problems with our server and to administer our website. Upon visiting our website, we assign each visitor a unique ID that is used to track visitor traffic patterns within our website. We also collect aggregate and user-specific information on what pages visitors access or visit. We reserve the right to retain all website traffic reporting data as long as may be reasonably necessary for accounting and auditing purposes.
II. INFORMATION SHARING
SatelliteSoft may use third party vendors (e.g., credit card processors) to help us operate our business and SatelliteSoft’s sites or administer activities on our behalf. We may share your information with these third parties for those limited purposes. Any third-party vendor so used has agreed to protect the confidentiality of information provided by VCES.
SatelliteSoft and/or our marketing partners may enhance and/or merge PII about consumers who have opted-in to receive marketing communications with commercially-available third party data collected from other sources in an effort to ensure that the messages being sent to the consumer in online and/or offline marketing programs are relevant to their interests. In the event we enhance and/or merge such personally identifiable information with data collected from other sources, we will take reasonable steps to maintain the integrity and quality of that information.
SatelliteSoft may share PII (including information that has been enhanced with information from other sources) with advertisers, third party marketers, our affiliated entities for their online and/or offline marketing programs or in connection with the sale, merger, consolidation, change in control, transfer of substantial asset, reorganization or liquidation of any of SatelliteSoft’s companies. While SatelliteSoft strongly encourages clients and partners to adopt responsible approaches to online marketing, SatelliteSoft is not responsible for the information practices of clients or their partners. The collection, use, and disclosure of information by clients and partners are subject to their respective privacy policies, which may differ from this policy.
SatelliteSoft may release account and any other personal information when we believe release is appropriate to respond to a subpoena or otherwise comply with the law; enforce or apply any agreements we may have with third parties; or protect the rights, property, or safety of SatelliteSoft or others. This includes exchanging information with other companies and organizations for fraud protection.
III. CONSUMER CHOICE AND ACCESS
If at anytime you no longer wish to receive offers from SatelliteSoft, you may "unsubscribe" through this website or by using the unsubscribe option within any promotional offer. In compliance with the CAN-SPAM Act, you will be removed entirely from our email list and will no longer receive offers from us. If you have registered or submitted PII under more than one email account, you must submit separate unsubscribe requests from each account.
The Cookies we use do not have an "opt-out" option, yet you still have the option of blocking the use of cookies by changing a setting in your Internet browser. Please see your browser supplier's website for details on how to do this.
SatelliteSoft uses software and third-party sources to validate the accuracy of PII provided and/or filter suspicious data. You may change, correct or update your information by email by contacting service233@satellitesoft.com. Changing or deleting your information or otherwise opting-out of receipt of communications from the VCES Network will change or delete the data only in our database for purposes of transacting future business on our sites and for managing future communications from SatelliteSoft. These changes and deletions will not change or delete information already collected as part of a particular transaction.
IV. SECURITY
SatelliteSoft employs industry standard security measures to ensure the security of all data. Any data that is stored on SatelliteSoft’s servers is treated as proprietary and confidential and is not available to the public. SatelliteSoft also encrypts sensitive information such as passwords and financial data. SatelliteSoft has an internal security policy with respect to the confidentiality of customer and other data, allowing access only to those employees or third parties who have a need to know such information for the purpose of effectively delivering SatelliteSoft’s products and services by means of user login and password requirements. SatelliteSoft routinely evaluates its data security practices to identify security threats or opportunities for improvement.
No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of SatelliteSoft to intercept or access transmissions or private communications unlawfully. While we strive to protect your PII, SatelliteSoft cannot ensure or warrant the security of any information you transmit to us. You acknowledge and assume this risk when communicating with a SatelliteSoft company.
Acceptance of Terms of Use
Please review the following terms and conditions carefully. This agreement is a legally binding contract between you ("You" or "Your") and SatelliteSoft ("SatelliteSoft," "We" or "Us") regarding Your access to and use of the SatelliteSoft web site (the "Site"). By accessing the Site, You agree to the terms and conditions as outlined in this legal notice. SatelliteSoft reserves the right to change these terms and conditions from time to time at its sole discretion, without prior notice, by posting such revised terms and conditions on the Site. It is Your obligation to routinely review these terms and conditions and Your continued use of the Site following any such change (whether or not You have reviewed such change) constitutes Your agreement to follow and be bound by the terms and conditions as changed.
Your Conduct
You agree not to: (a) upload, transmit, post, email or otherwise make available to the Site, any content or other material in any format that: (x) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, and/or otherwise objectionable; (y) infringes any third party's intellectual property; or (z) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (b) alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site; (c) impersonate any person or entity, including, but not limited to, an SatelliteSoft official or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (d) attempt, through any means, to gain unauthorized access to the Site. The use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited.
Billing
You will be billed for a lump-sum that includes the length of your payment terms.
Proprietary Rights Restrictions
All material on the Site including without limitation all informational text, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, is owned by SatelliteSoft or other parties that have licensed their material to SatelliteSoft and is protected by copyright, trademark and/or other intellectual property laws. SatelliteSoft disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks displayed on the Site are the property of either SatelliteSoft or other third parties. You agree not to display or use such marks without written permission from SatelliteSoft or the appropriate party.
The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Use of the services offered by SatelliteSoft requires an email address. You, as a Member are solely responsible for using your own email address to gain authorized access. You also agree not to disclose or otherwise disseminate your user email address to gain unauthorized access, except as may be specifically required by law. Unauthorized access to the service is a breach of this agreement and a violation of law. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited. Nothing on this Site shall be construed as conferring any license under any of the SatelliteSoft or any third party's intellectual property rights, whether by estoppels, implication or otherwise.
SatelliteSoft Services
SatelliteSoft makes no claim to ownership or other control or rights to any software recommended by SatelliteSoft or its agents. All software recommendations refer to either "Freeware" or software that is otherwise available without charge to individuals at large for specific purposes. None of the charges assessed to members of SatelliteSoft entitle You, as a Purchaser to any ownership, licensing rights or recourse with regard to use of the software other than those rights offered by the software owners or licensees. The fees and charges assessed by SatelliteSoft represent recurring monthly club membership fees which entitle You as a Purchaser to access to the location, evaluation, and or recommendation of those software products available from the web site and for the information provided to purchasers. SatelliteSoft Members may cancel at anytime during the course of their membership.
Links to Other Web Sites
This Site may produce automated search results or otherwise link You to other sites on the Internet. If any link is offered connecting You to a third party web site, it is as an accommodation to You and to the respective third party site owner and is provided without charge. Sites linked to and from this Site are not necessarily under the control of SatelliteSoft and We shall have no responsibilities or liabilities whatsoever for the content including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements set forth therein, or privacy practices of any such linked site or any link or linking program at any time. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of SatelliteSoft, and You acknowledge that SatelliteSoft is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by SatelliteSoft or any association with its operators. We do not necessarily endorse companies (or related products or services) to or from which the Site is linked. If You decide to access any of the third party sites linked to this Site, You do so entirely at Your own risk.
Disclaimer of Warranties
The Materials on this Site may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness or timeliness of the Materials. The use of this Site and the Materials is at your own risk.
SatelliteSoft DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SatelliteSoft IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE, AND THE CONTENTS THEREIN, ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR DAMAGE OR LOSS CAUSED BY ERRORS OF THE SITE, CONTENT ON THE SITE OR THE INTERNET. SatelliteSoft DOES NOT EXERCISE CONTROL OVER ANY THIRD PARTIES THAT PROVIDE CONTENT TO THE SITE AND THEREFORE PROVIDES NO REPRESENTATIONS OR WARRANTIES REGARDING SAME. ADDITIONALLY, THE SITE MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF ERRORS OR CIRCUMSTANCES BEYOND OUR CONTROL.
Limitation of Liability
SatelliteSoft AND ITS DIRECTORS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE) ARISING OUT OF (A) THE USE OF THE SITE, (B) THE CONTENT ON THE SITE, (C) WEB SITES LINKED TO THIS SITE AND THE CONTENT, GOODS AND/OR SERVICES PROVIDED THEREIN (D) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION WITHIN, OR CONTENT OF, THE SITE, AND/OR (E) THE INABILITY TO USE THE SITE AND CONTENT CONTAINED THEREIN (INCLUDING, BUT NOT NECESSARILY LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA), WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SatelliteSoft CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF SatelliteSoft's SITES/SERVICE/SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SatelliteSoft SITES/SERVICE/SOFTWARE.
THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, hold harmless and release SatelliteSoft, its directors, officers, and employees, from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to Your use of the Site and/or any content contained therein.
Changes to the Service
We reserve the right to modify, suspend or discontinue all or any portion of the Site at any time, with or without notice. Unless stated otherwise, any new features to the current Site shall be subject to these Terms of Use. Parts of this Site are currently accessible to users without charge, however We reserve the right to charge users for access to or use of any portion of the Site in the future. These Terms of Use may be modified by SatelliteSoft at any time with or without prior notice. Any such changes will be posted on the Site. Your continued use of the Site shall be deemed acceptance of any modifications.
Failure to Abide by these Terms
SatelliteSoft may in its sole discretion terminate or suspend Your access and use of this Site immediately without notice to You if You breach these Terms of Use or if We are unable to verify or authenticate any information that You provide to Us. You agree that SatelliteSoft shall not be liable to You or any third party for any termination of Your access to any Materials and/or the Site.
Miscellaneous
This Terms of Use constitutes the entire agreement between You and SatelliteSoft with respect to the Site. If any provision of this Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Terms, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND SatelliteSoft WHICH SUPERSEDES ANY PROPOSED OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND SatelliteSoft RELATING TO YOUR USE OF THE SITE.
|
|
