09.01.2020
Innovative Publishers Inc. Terms Of Use
Innovative Publishers Inc. Terms Of Use
The Effective Date of these Terms of Use is September 1, 2020. These Terms of Use (“Terms”) apply to WWW.Innova-publishers.com, and all other websites, applications, online services, and other interactive features or downloads that post a link to these Terms, whether accessed via computer, mobile device or otherwise (collectively, "Sites," and individually, a “Site”). The Sites are owned or controlled by Innovative Publishers, Inc. or one of its subsidiary or affiliated companies (collectively, "IPI"). IMPORTANT! PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE SITES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. You agree to these Terms by accessing or using the Sites.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITES.
ARBITRATION NOTICE: Except for certain types of disputes described in the ARBITRATION section below, you and IPI agree that disputes between you and IPI will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration. There may be times when we offer a special feature that has its own terms and conditions that apply in addition these Terms, including sales terms for any purchase you may make through the Sites. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms. Please also review the terms of our Privacy Policy.
TABLE OF CONTENTS
• OWNERSHIP OF SITE CONTENT
• YOUR LICENSE TO USE SITE CONTENT ON OUR SITE
• SOCIAL DISTRIBUTION AND WIDGETS
• REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
• INFORMATION AND CONTENT YOU SUBMIT
• USER INTERACTIONS AND DISPUTES
• ACCEPTABLE USE POLICY: COMMUNITY USAGE RULES
• MEMBERSHIP, REGISTRATION & ACCESS CONTROLS
• PROMOTIONS
• THIRD PARTY LINKS, CONTENT AND APPLICATIONS
• LINKING POLICY
• MOBILE
• DISCLAIMER OF WARRANTIES WAIVER
• LIMITATION OF LIABILITY; WAIVER
• INDEMNIFICATION
• E-COMMERCE
• TERMINATION
• LOCATION OF SITES AND TERRITORIAL RESTRICTIONS
• ARBITRATION; GOVERNING LAW; COMMENCEMENT OF ACTIONS
• MISCELLANEOUS
• OUR RIGHT TO UPDATE THESE TERMS OWNERSHIP OF SITE CONTENT
OWNERSHIP OF SITE CONTENT: Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Sites, including past, present and future versions, domain names, source and object code and the “look and feel” of the Sites ("Site Content") are owned, controlled or licensed by IPI, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. The Site Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of IPI as is expressly provided in these Terms. Any unauthorized use of the Site Content is prohibited.
YOUR LICENSE TO USE SITE CONTENT ON OUR SITES: You may visit our Sites without further permission from IPI and IPI grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to download, view and play the Site Content, except as may be specifically restricted by purchase or similar requirements. This license is subject to your full compliance with these Terms. When you download or use the Site Content, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Site Content; and (c) not copy or adapt any object code associated with the Sites or reverse engineer, modify or attempt to discover any source code associated with the Sites, nor allow or assist any third party to do so (whether or not for your benefit). You also agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the Site Content (except as may be a result of standard search engine or Internet browser usage).
SOCIAL DISTRIBUTION AND WIDGETS: IPI may allow you – but only through express written permission –to engage in certain personal uses of Site Content that include the ability to share Site Content with others ("Social Distribution"). For example, a Site may allow you to send Site Content to friends, display Site Content on your personal web site or post Site Content on a third party web site. You understand that only IPI can make claims, promises or statements on behalf of IPI about its products and services and agree not to do so. You also agree that you will not imply that you and IPI are affiliated in any way or that IPI approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Site Content. Similarly, a Site may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) (“Widgets”). Widgets are Site Content and subject to the limited, revocable license described above. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your personal web page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Site Content made available via any Widget.
NOTICE TO THIRD PARTY SITES: Any Site Content made available in connection with your web page, social networking site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Site Content upon notice.
REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS: You may not use a Site for any purpose or in any manner that infringes the rights of any third party. IPI encourages you to report any content on a Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on a Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), IPI has a designated agent for receiving notices of copyright infringement and IPI follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide IPI's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe that any content on a Site violates your rights other than copyrights, please provide IPI with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you. Please send your notice of claims of copyright infringement on or regarding a Site or other complaint regarding alleged violation of rights to IPI’s copyright agent, who can be reached as follows: Name: C.T. Webb, Copyright Agent Mailing Address: Innovative Publishers, Inc., 75 Arlington Street, 5th Floor, Boston, MA 02116 Phone: (212) 698-7094 Fax: (212) 698-7171 E-mail Address: admin@Innova-publishers.com
NOTE: This contact information is for inquiries regarding potential copyright and other infringement only. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. IPI will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.
INFORMATION AND CONTENT YOU SUBMIT The Site may provide you the opportunity to post content publicly ("Community Forums"), including, without limitation, on “Discussion Boards” in connection with user reviews or a contest or promotion or through other interactive features on the Sites. The Community Forums allow users to post content (including, without limitation, photographs, writings, pictures, data, questions, comments, and suggestions) and exchange information, ideas and opinions, input data, send e-mails, answer questions, or otherwise communicate with IPI and Site users through the Sites (collectively, "User Content"). Except as otherwise described in the posted Privacy Policy or other agreement on a Site where you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant IPI the license below. Upon IPI's request, you will furnish IPI any documentation, substantiation or releases necessary to verify your compliance with these Terms. IPI is not responsible for the substance of any User Content and such User Content does not necessarily reflect the views of IPI. IPI is under no obligation to monitor User Content but may do so in its sole discretion, and may remove or refuse to post any User Content for any reason in its sole discretion. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to IPI. You remain the owner of your User Content, but you acknowledge that IPI must have a license from you in order to accept your User Content. Accordingly, you grant to IPI an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed. You further agree that IPI is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you. You authorize IPI to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. To the fullest extent permitted, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. You acknowledge that IPI may be working on or developing material similar or the same in nature to your User Content and that IPI may have received similar or the same intellectual property rights from another party. IPI owes you no obligation connected to your submissions unless you and IPI enter a written agreement to that effect. Any discussion or negotiations between you and IPI regarding your submissions does not constitute recognition of the novelty or originality of your User Content. You agree that IPI has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' rights to your User Content. You further acknowledge and agree that IPI will not have any obligation to you with regard to User Content and that IPI may or may not monitor, display or accept your User Content and may delete it at any time.
USER INTERACTIONS AND DISPUTES: You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
ACCEPTABLE USE POLICY: COMMUNITY USAGE RULES: When you contribute, upload or otherwise provide User Content to the Sites, you agree to comply with the following Community Usage Rules ("Rules"): • User Content must be yours. All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Sites and elsewhere. • No pictures or images of anyone but you and your friends and family. If you choose to upload photos to the Sites, link to embedded videos, or include other images of real people, make sure they are of you or of you and someone you know but only with their express permission to post it. • Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet. • No music. Your User Content may not contain any music unless the work and performance is original to you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise. • Keep it relevant. Your User Content should relate to the content on the Sites and should be intended to add to the discussion and community on the Sites. • Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments so we can continue to build a community for everyone to enjoy. If you think your User Content might offend someone, chances are it probably will and it doesn't belong on the Sites. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual orientation or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit. • Do not use the Sites for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the Sites. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme. • Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don't upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities. • No violence. Your User Content may not promote violence or describe how to perform a violent act. • Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company. • Public forum. We hope that you will use the Community Forums to exchange information and content and have discussions with other members. However, please remember that the Community is a public forum and User Content that you post on the Community will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information). • Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature. • Don't damage the Sites or anyone's computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Sites or any computer system. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
MEMBERSHIP, REGISTRATION & ACCESS CONTROLS: Certain areas of the Sites may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to a Site, you agree to provide only true, accurate, current and complete information. If you register with us, you agree you will not sell or otherwise transfer your membership or any membership rights. IPI reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice. You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data.
PROMOTIONS: The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.
THIRD PARTY LINKS, CONTENT AND APPLICATIONS: There may be links from the Sites, or from communications you receive from the Sites, to third party web sites or online features, including third party stores selling or licensing IPI products. When you purchase IPI products or services through such a third party store, your billing relationship will be with the third party and additional terms imposed by the third party may apply to your purchase. The Site also may include third party content that we do not control, maintain or endorse. Functionality on the Sites may also permit interactions between the Sites and a third party web site or online feature, including applications that connect the Sites or your profile on the Sites with a third party site (including, but not limited to, Facebook). For example, the Sites may include a button enabling you to indicate, on your social networking page, that you “like” a specific product on a Site, or a feature that lets you post to your social networking page a link to Site Content or the ability to share content from the Sites or your User Content posted on the Sites with a third party, which may be publicly posted on that third party’s web site. Using this functionality typically requires you to login to your account on the third party Site. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge that we make no representation or warranties about the completeness, accuracy, or existence of any advertising, products, or other materials on or available from third party sites or online features and any reliance placed by you on such materials is at your own risk. If you choose to use applications that connect a Site or your profile on a Site with a third party site, you acknowledge and agree that you are consenting to the information about your account being shared; and that your use of these third party applications may cause information about you to be publicly disclosed.
YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SITES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
LINKING POLICY: IPI grants you the revocable permission to link to the Sites; provided, however, that any link to the Sites: (a) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites; (b) must not imply that IPI or the Sites is endorsing or sponsoring any third party or its products or services, unless IPI has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in IPI’s sole opinion, harm IPI or its products or services; (d) must not use any IPI trademarks without the prior written permission from IPI; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in IPI's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, IPI reserves the right to prohibit linking to the Sites for any reason in our sole and absolute discretion.
MOBILE: The Site may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Sites, receive messages from the Sites, download applications to your mobile phone or access Site features (collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding IPI. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify IPI of any changes to your mobile number and update your account(s) on the Sites to reflect this change. Instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. Typically, you will text a keyword (e.g., "STOP") to the applicable shortcode for the Mobile Feature. In all cases, if you reply STOP to any text message received, you will opt-out from receiving those text messages.
DISCLAIMER OF WARRANTIES WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT, AND ANY PRODUCTS SOLD OR LICENSED BY IPI THROUGH THE SITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IPI AND ITS PARENT COMPANIES, AFFILIATED ENTITIES, VENDORS AND THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "IPI PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES AND THE SITE CONTENT; (B) PRODUCTS SOLD OR LICENSED BY IPI THROUGH THE SITE; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO IPI OR VIA THE SITE. IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE IPI PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE IPI PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE IPI PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE IPI PARTIES DO NOT WARRANT THAT YOUR USE OF A SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE IPI PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING A SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE. THE IPI PARTIES DO NOT ENDORSE USER CONTENT OR COLLABORATIVE CONTENT AND ARE NOT RESPONSIBLE FOR USER CONTENT OR COLLABORATIVE CONTENT. LIMITATION OF LIABILITY; WAIVER UNDER NO CIRCUMSTANCES WILL THE IPI PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES RELATED TO: (A) THE SITES OR THE SITE CONTENT; (B) USER CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (D) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE IPI PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION; OR (G) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE IPI PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, IN NO EVENT WILL THE IPI PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO IPI FOR A PRODUCT ORDERED THROUGH THE SITES OR, IN THE EVENT THERE HAS BEEN NO AMOUNTS PAID BY YOU, THE AMOUNT OF TEN UNITED STATES DOLLARS ($10.00). THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE IPI PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE IPI PARTIES’ LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY IPI PARTIES, OR FOR THE IPI PARTIES’ GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF IPI'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, BOOK, PROPERTY, PRODUCT, PROGRAM, SERVICE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE IPI PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE IPI PARTIES. BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
INDEMNIFICATION To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the IPI Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your User Content; (b) your use of the Sites or activities in connection with the Sites; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the IPI Parties' use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and IPI. You will cooperate as fully required by the IPI Parties in the defense of any claim. The IPI Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the IPI Parties. E-Commerce The Sites may offer products or services for sale or license and your transaction may be subject to additional sales terms and policies. You agree to pay all applicable fees and any applicable taxes. IPI may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you. Sometimes the Sites may offer products or services for sale or license via an in-app or similar purchase where the transaction is facilitated by the operator of a third party platform hosting the Site. In such cases, your billing relationship will be with the third-party vendor and additional terms and conditions imposed by the vendor may apply. These Terms will continue to apply to your access to and use of the purchased product or service, except where these Terms conflict with terms imposed by the third-party vendor. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, IPI shall have the right, to the fullest extent permitted under applicable law, to refuse or cancel any orders placed for product listed at the incorrect price. IPI shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, IPI will issue a credit to your credit card account in the amount of the charge. Your receipt of an electronic or other form of order confirmation does not signify IPI's acceptance of your order, nor does it constitute confirmation of IPI's offer to sell. IPI reserves the right at any time after receipt of your order to accept or decline your order for any reason. IPI reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. IPI may require additional verifications or information before accepting any order.
TERMINATION IPI reserves the right to terminate your access to and use of the Sites in its sole discretion, without notice and liability, including, without limitation, if IPI believes your conduct violates these Terms. IPI also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Sites or IPI. Any violation of these Terms may be referred to law enforcement authorities.
LOCATION OF SITES AND TERRITORIAL RESTRICTIONS IPI controls and operates the Sites from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. The information provided on the Sites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject IPI to any registration requirement within such jurisdiction or country. Anyone using or accessing the Sites from outside the United States does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Sites or any portion of the Sites, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide. Software related to or made available by the Sites may be subject to United States export controls. Thus, no software from the Sites may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
ARBITRATION; GOVERNING LAW; COMMENCEMENT OF ACTIONS: These Terms and all claims arising from or related to your use of the Sites will be governed by and construed in accordance with the laws of the State of Delaware, except New York's conflict of law rules. Any dispute you have with IPI should be submitted to IPI's Legal Department within thirty days of the event giving rise to the dispute. The Legal Department can be contacted via postal mail at Innovative Publishers, Inc., Attn: Legal Dept., 75 Arlington Street, 5th Floor, Boston, MA 02116. Please allow thirty days for IPI to address your complaint prior to filing arbitration as set forth below. Except for disputes relating to the infringement of your or our intellectual property (such as trademarks, trade dress, copyright and patents) or where IPI is seeking a preliminary injunction (“Excluded Disputes”), you agree that all disputes between you and IPI (whether or not such dispute involves a third party) with regard to these Terms or your use of the Sites, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. Neither you nor IPI will participate in a class action or class-wide arbitration for any claims covered by this agreement. This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, New York law. The arbitration will be conducted in New York, NY, in the English language by three arbitrators appointed in accordance with the American Arbitration Association’s Rules. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either IPI or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. At your election, desktop or telephone arbitration, if available, can be used for claims of less than $10,000. In-person arbitration hearings will be conducted at the place of your residence at the time the dispute is submitted to arbitration. IPI will pay the costs for arbitration (not including your attorney’s fees) for claims under $5,000 where you are successful. In all other cases, you will bear 50% of the cost of any arbitration. In all cases, you alone will be responsible for your attorney's fees. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages. You agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in New York, NY and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
MISCELLANEOUS: The failure of IPI to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit IPI's rights with respect to such breach or any subsequent breaches. No waiver by IPI of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of IPI. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. IPI may assign its rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without IPI's prior written consent. If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against IPI by virtue of IPI having drafted them. No amendment to or modification of these Terms, or action, or delay, will be binding unless in writing and signed by IPI. Provisions of these Terms that would logically survive termination shall survive the termination of these Terms for any reason (including without limitation, Disclaimer of Warranties Waiver, Limitation of Liability; Waiver and Arbitration).
OUR RIGHT TO UPDATE THESE TERMS: IPI reserves the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the homepage or otherwise, and that your use of a Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using a Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of a Site from that point forward.
Privacy Policy
Last Updated on September 1, 2020
Innovative Publishers Inc. (“IPI”, “we”, “us”, or “our”) respects your concerns about privacy and values the relationship we have with you. This Privacy Policy describes our privacy practices with respect to information collected through our websites, email newsletters, social media pages, mobile and other applications owned and operated by us, our offline contacts, and any other services that link to this Privacy Policy (collectively referred to as the “Services”). This Privacy Policy does not apply to certain of our products and services that display a different privacy policy.
Please carefully review this Privacy Policy below before using our Services. By using our Services, you are accepting the practices described in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Services. We reserve the right to modify or amend the terms of our Privacy Policy from time to time without notice. Your continued use of our Services following the posting of changes to these terms will mean you accept those changes.
CONTENTS:
• What Personal Information We Collect About You
• How We Use Your Personal Information
• With Whom We Share Your Information
• Other Information Collected Using Technology
• Third Party Advertising
• How To Opt Out of Receiving Email Newsletters, and Your Choices and Access
• Sensitive Information
• Retention Period
• Security
• Third Party Services
• Use of Services by Minors
• Children’s Privacy Policy
• Jurisdiction and Cross-Border Transfer
• Additional Information Regarding California
• Updates To This Privacy Policy
• Contacting Us
WHAT PERSONAL INFORMATION WE COLLECT ABOUT YOU When you use the Services by, for example, ordering a book, providing registration details, subscribing to a newsletter, browsing our sites, completing a survey, entering a sweepstakes, requesting information from us or otherwise interacting with our Services, we gather personal information. “Personal Information” is information that identifies you as an individual or relates to an identifiable individual. Several different types of Personal Information can be gathered when you interact with the Services. Collection of Personal Information is necessary to provide the Services to you or to enhance your consumer experience.
If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.
We and our service providers collect Personal Information in a variety of ways, including:
Through the Services
• Product purchases: When you purchase a book or other product through our Services, we collect Personal Information such as your name, mailing address, telephone number, email address, credit or debit card information and other billing information.
• Reader Rewards: When you register for our Reader Rewards program, we collect Personal Information such as your name, email address and proof of purchase documentation you provide to us. For more information, please refer to the Reader Rewards Program Terms and Conditions.
• Newsletter subscriptions: We collect your email address when you subscribe to our newsletters. For certain newsletters, we collect additional personal information that may be relevant including your name, job title, interests and similar information.
• Sweepstakes, contests and other promotions: We collect personal information such as your name, email address and mailing address when you participate in sweepstakes, contests or similar promotions.
• Registration for programs and events: When you register for our programs, events or conferences, we collect personal information such as your name and email address.
• Reading preferences and market research: We collect personal information from you including your reading preferences (e.g., author, genre) you provide through the Services and any information you provide through voluntary surveys or feedback conducted through the Services, through our service providers’ platforms, by phone or during in-person interviews or focus groups.
• User-generated content: We collect personal information when you submit user-generated content through online communities and other publicly available sections of the Services, including comments, reviews, or any other material that you submit. Any personal information you submit through these public forums may be viewed by other users of these Services. We are not responsible for the personal information you choose to submit and we have no responsibility to publish, take down, remove or edit any of your submissions (except as required by applicable laws). For more information, please refer to the User Submissions section of our Terms of Use.
• Job applications: We collect personal information in connection with your application for a job at IPI.
• Contact with our Customer Service: We collect personal information for you in offline contexts, including, for example, when you place an order over the phone or contact customer service.
From Other Sources
• Publicly available databases, including marketing and data analytics resources. For example, we may receive email addresses, mailing addresses and demographic information (e.g., age, sex, household income) from these sources.
• Authors and joint marketing third parties, when they share the information with us.
• Social media platforms and other third party service platforms.
• Third party business customers, clients and partners, when they share the information with us (e.g., sales data).
HOW WE USE YOUR PERSONAL INFORMATION We and our service providers use Personal Information for the following purposes:
Providing the functionality of the Services and fulfilling your requests
• To provide the Services’ functionality to you, such as arranging access to your registered account, and providing you with related customer service.
• To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments or complaints, or when you request a quote for or other information about our Services.
• To enable you to participate in surveys, panels or research, and public forms on our websites.
• To complete your transactions, verify your information, fulfill your orders, and provide you with related customer service.
• To send administrative information to you, such as changes to our terms, conditions, and policies.
We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.
Providing you with our newsletter and/or other marketing materials and facilitating social sharing
• To send you marketing related emails, with information about our services, new products and other news about our company. To opt out of these emails, please see the section labeled Choices and Access.
• To facilitate social sharing functionality that you choose to use.
We will engage in this activity with your consent or where we have a legitimate interest.
Analyzing Personal Information for business reporting and providing personalized services
• To analyze or predict our users’ preferences so we can improve our Services.
• To better understand your interests and preferences, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.
• To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you.
We will provide personalized services based on our legitimate interests, and with your consent to the extent required by applicable law.
Allowing you to participate in sweepstakes, contests or other promotions
• We may offer you the opportunity to participate in a sweepstakes, contest or other promotion.
• Some of these promotions have additional rules containing information about how we will use and disclose your Personal Information. Please read those additional rules before choosing to participate.
We use this information to manage our contractual relationship with you.
Accomplishing our business purposes
• For data analysis, for example, to improve the efficiency of our Services;
• For audits, to verify that our internal processes function as intended and to address legal, regulatory, or contractual requirements;
• For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;
• For developing new products and services;
• For enhancing, improving, repairing, maintaining, or modifying our current products and services, as well as undertaking quality and safety assurance measures;
• For identifying usage trends, for example, understanding which parts of our Services are of most interest to users;
• For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and
• For operating and expanding our business activities, for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests.
We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or based on our legitimate interest.
Aggregating and/or anonymizing Personal Information
• We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies you or any other individual.
Combining Personal Information
• To perform the above functions, we may match information collected from you through different means or at different times, including Personal Information and Other Information (as defined below, see the section labeled Other Information) and use such information along with information collected from other sources, such as demographic information and updated contact information. We or our third party service providers may also use your information to assess the level of interest in, and use of the Services, our emails, and our other campaigns both on an individual basis and in the aggregate. We may also use and/or combine information we collect off-line or from third party sources to check the accuracy of, enhance and supplement your user records, and to better customize your experience with us.
Other Uses
We also use your Personal Information as necessary or appropriate, in particular when we have a legal obligation or legitimate interest to do so:
• To comply with applicable law and regulations
• This may include laws outside your country of residence.
• To cooperate with public and government authorities
• To respond to a request or to provide information we believe is necessary or appropriate. These can include authorities outside your country of residence.
• To cooperate with law enforcement
• For example, when we respond to law enforcement requests and orders or provide information we believe is important.
• For other legal reasons
• To enforce our terms and conditions; and
• To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
• In connection with a sale or business transaction
• We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
WITH WHOM WE SHARE YOUR PERSONAL INFORMATION
We disclose Personal Information:
• With our parent company and among our affiliates for the purposes described in this Privacy Policy
• You can learn more about our parent company and consult the list and location of our affiliates here. • To our third party service providers, to facilitate services they provide to us
• These can include providers of services such as website design and hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, ad serving, research survey/interview/focus group management and analysis, marketing, auditing, and other services.
To our authors
• In some cases, we manage our authors’ websites and related services on their behalf. In those cases, we may transfer Personal Information collected from those Services to the authors if they take over management of the Services (in which case, such Services are no longer controlled by us). Under such circumstances we will use reasonable efforts to direct the author to use Personal Information you have previously provided to us in a manner that is consistent with our Privacy Policy. Nevertheless, we cannot ensure that the author will have the same privacy practices as described in this Privacy Policy and you should refer to the author’s Privacy Policy for more information regarding the author’s treatment of your Personal Information.
To our joint marketing partners
• We may ask for your consent to provide your Personal Information to our joint marketing partners, for example, to provide you with special offers or promotions that may be of interest to you. Although our treatment of your Personal Information would be governed by this Privacy Policy in those cases, the third party’s treatment of your Personal Information would be governed by its privacy policy. You may withdraw your consent to our sharing of your Personal Information with such third parties at any time by sending us an email at privacy@innova-publishers.com.
By using the Services, you may elect to disclose Personal Information.
• On message boards, chat, profile pages, blogs, and other services to which you are able to post information and content. Please note that any information you post or disclose through these services will become public and may be available to other users and the general public.
With other third parties
• We may also disclose your Personal Information for the other uses described above (e.g., to comply with applicable laws, cooperate with law enforcement, and in connection with a sale or business transaction).
OTHER INFORMATION COLLECTED USING TECHNOLOGY
“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. The Services collect Other Information such as:
• Browser and device information
• Information collected through cookies, pixel tags and other technologies
• Demographic information and other information provided by you that does not reveal your specific identity
• Information that has been aggregated in a manner such that it no longer reveals your specific identity
Collection of Other Information
We and our service providers may collect Other Information in a variety of ways, including:
Your browser or device
• Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services you are using. We use this information to ensure that the Services function properly.
Cookies
• Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. We also gather statistical information about use of the Services in order to continually improve their design and functionality, understand how they are used, and assist us with resolving questions regarding them. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Services. We may also use cookies or other technologies in online advertising to track responses to our ads. We do not currently respond to browser do-not-track signals. If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services.
Pixel tags and other similar technologies
• Pixel tags. Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, compile statistics about usage of the Services and response rates, and identify similar audiences to whom we can market our Services.
• Analytics. We use Google Analytics and Adobe Analtyics, which use cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. We also use Localytics to track analytics on our mobile apps. These services may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
Physical Location
• We may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content.
• We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you do, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.
Uses and Disclosures of Other Information We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Policy. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.
THIRD PARTY ADVERTISING We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites or online services. You may receive advertisements based on information relating to your access to and use of the Services and other websites or online services on any of your devices, as well as on information received from third parties. These companies place or recognize a unique cookie on your browser (including through the use of pixel tags). They also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop. If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy, please visit http://optout.aboutads.info/#/ and http://optout.networkadvertising.org/#/.
HOW TO OPT OUT OF RECEIVING EMAIL NEWSLETTERS, AND YOUR CHOICES AND ACCESS Your choices regarding our use and disclosure of your Personal Information We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt out from:
• Email newsletters. If you no longer want to receive marketing related emails from us on a going-forward basis, you may opt out by clicking the email footer link to unsubscribe or by emailing unsubscribe@innova-publishers.com. You may not be able to unsubscribe from communications that are not related to marketing; otherwise, you might miss important information about your account, the Services, or transactions you engage in on the Website.
• Joint marketing promotions. As described above (see section labeled With Whom We Disclose Your Personal Information), you may withdraw your consent to our sharing of your Personal Information with our joint marketing partners at any time by sending us an email at privacy@innova-publishers.com.
• Mail promotions. We do not currently send direct mail solicitations (e.g., catalogs) without your consent. If, at any time, you prefer not to receive mail solicitations from us, please email us at privacy@innova-publishers.com.
We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out of receiving marketing related emails from us, we may still send you important administrative messages, from which you cannot opt out.
How you can access, change, or delete your Personal Information
If you would like to request to access, correct, update, suppress, restrict, or delete Personal Information, object to or opt out of the processing of Personal Information, or if you would like to request to receive a copy of your Personal Information for purposes of transmitting it to another company (to the extent these rights are provided to you by applicable law), you may contact us. We will respond to your request consistent with applicable law. If you are a California resident, please refer to the “Additional Information Regarding California” section at the end of this Policy for more information about the requests you may make under the CCPA.
In your request, please make clear what Personal Information you would like to have changed or whether you would like to have your Personal Information suppressed from our database. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion.
SENSITIVE INFORMATION Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, political opinions, religion or other beliefs, health, biometrics or genetic characteristics or criminal background) on or through the Services or otherwise to us.
RETENTION PERIOD
We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:
• The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services);
• Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
SECURITY We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.
THIRD PARTY SERVICES This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates. In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as LinkedIn, Facebook, Google, or any other social media platform provider.
USE OF SERVICES BY MINORS Except for a few of our child- and teen-directed Services, these Services are not directed to individuals under the age of eighteen (18), and we do not knowingly collect Personal Information from individuals under 18. For more information on IPI’s privacy practices for child-directed Services please refer to the Children’s Privacy Policy below. The Privacy Policy on our child-directed Services will automatically link to this section.
CHILDREN’S PRIVACY POLICY IPI respects the privacy of children and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Children’s Privacy Policy describes our practices with respect to the collection of Personal Information and Other Information (as defined above, see section labeled
What Personal Information We Collect About You) from children under the age of 13.
This Site does not knowingly collect, use, or disclose Personal Information from children under the age of 13 without prior parental consent, except as permitted by COPPA. What Information We Collect and How We Use It We do not require children to share any Personal Information in order to participate on this Site. On occasion, however, we may collect Personal Information, such as an email address from a child as part of an activity, in accordance with COPPA. For example:
• Email address: We may collect a child’s email address in order to respond to a one-time request from the child, such as if the child asks us or one of our authors a question. In such case, we promptly delete the child’s email address from our system once we have responded, and we do not use the child’s email address for any other purpose.
• Send-a-friend: In the case of send-a-friend email or card, we only collect a child’s first name and the friend’s email address to send the friend the email or card. We do not store the friend’s email address for any longer than reasonably necessary to send the email or card to the friend.
• Contests or Sweepstakes: We may collect a child’s email address to enter the child in a sweepstakes or contest or to notify the child that he or she has won or lost a contest or sweepstakes or contest. We will not keep the child’s email address after the promotion or use the child’s email address for any other purpose other than for the promotion. For certain promotions, we may ask that a child give us his/her parent’s email address so we can obtain more personalized information for prize fulfillment purposes if the child wins the promotion or to notify the parent if we need more than the child’s email address to enter the child in the promotion. In the latter event, parents will be sent a notice along with instructions on how they may provide their consent for their child to participate in such promotion.
We may also collect Other Information automatically from your child’s computer or device, such as the frequency with which the child visits our Site and the pages visited, to support the internal operations of the Site. We collect this information so we can understand and monitor usage of the Site, customize content on the Site and improve the performance of the Site. This information is collected using technologies such as cookies, web beacons, and similar technologies. This information is not used to behaviorally target children and we do not permit behavioral targeting on any of our Services that are directed to children.
Special Circumstances for Information Sharing and Security
We may share children’s personal information with “Third Party Service Providers” and “Other Third Parties When Required by Law” as disclosed above (see “With Whom We Share Your Personal Information”).
Parent’s Rights
Under COPPA, you have the right to review and have any of your child’s information deleted from our records. You also have the right to tell us to stop collecting or using your child’s personal information. If you have questions concerning our information practices with respect to children, or if you would like to review, have deleted, or stop the further collection of your child’s personal information in connection with the transaction for which it was originally collected, you may email us at privacy@innova-publishers.com. For tips on protecting your child’s privacy online, please see the U.S. Federal Trade Commission’s brochure on this topic: www.onguardonline.gov.
JURISDICTION AND CROSS-BORDER TRANSFER These Services are published in the United States. We attempt to protect the Personal Information of all users of our Services and we attempt to comply with local data protection and consumer rights laws to the extent they may apply to IPI’s services, but our family of Services are located and targeted to United States citizens and our policies are directed at compliance with those laws. If you are uncertain whether this Privacy Policy conflicts with the applicable local privacy laws where you are located, you should not submit your personal information to IPI.
If you are located outside the United States, you should be aware that your Personal Information may be transferred to and processed in the United States, the laws of which may have different levels of privacy protection from your country. By using our Services, you thereby consent to the general use of your information as provided in this Privacy Policy and to the transfer of that information to, and processing and storage of that information in, the United States. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in the United States may be entitled to access your Personal Information.
ADDITIONAL INFORMATION REGARDING CALIFORNIA
Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), we are providing the following additional details regarding the categories of Personal Information about California residents that we have collected or disclosed within the preceding 12 months: (1) We collected the following categories of Personal Information:
A. Identifiers, such as name, contact information and online identifiers;
B. Personal information, as defined in the California customer records law, such as name, contact information and financial information;
C. Protected classifications under California or federal law, such as sex, age and race;
D. Commercial information, such as transaction information, purchase history, financial details and payment information;
E. Internet or network activity information, such as browsing history, online behavior, interest data and interactions with our websites;
F. Geolocation data, such as device location and IP location;
G. Audio, electronic, visual or similar information, such as images and audio, video or call recordings created in connection with our business activities;
H. Professional or employment-related information, such as work history; and
I. Inferences drawn from any of the Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.
As described above, we collect this Personal Information from you and from other categories of sources, including publicly available databases, authors and joint marketing partners, social media platforms and third party service platforms, and our business customers, clients and partners, when they share this information with us.
Also as described above, we may use this Personal Information to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives, including, for example, using Personal Information to: develop, improve, repair, and maintain our products and services; personalize, advertise, and market our products and services; conduct research, analytics, and data analysis; maintain our facilities and infrastructure; undertake quality and safety assurance measures; conduct risk and security control and monitoring; detect and prevent fraud; perform identity verification; perform accounting, audit, and other internal functions, such as internal investigations; comply with law, legal process, and internal policies; maintain records; and exercise and defend legal claims. (2) We disclosed the following Personal Information to third parties for our operational business purposes:
A. Identifiers, such as name, contact information and online identifiers;
B. Personal information, as defined in the California customer records law, such as name, contact information and financial information;
C. Protected classifications under California or federal law, such as sex, age and race;
D. Commercial information, such as transaction information, purchase history, financial details and payment information;
E. Internet or network activity information, such as browsing history, online behavior, interest data and interactions with our websites;
F. Geolocation data, such as device location and IP location;
G. Audio, electronic, visual or similar information, such as images and audio, video or call recordings created in connection with our business activities;
H. Professional or employment-related information, such as work history; and
I. Inferences drawn from any of the Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.
We share Personal Information with our services providers for services such as website design and hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, ad serving, research survey/interview/focus group management and analysis, marketing, and auditing. (3) We have “sold” the following categories of Personal Information:
A. Identifiers, such as name, contact information and online identifiers;
B. Personal information, as defined in the California customer records law, such as name, contact information and financial information;
C. Internet or network activity information, such as browsing history, online behavior, interest data and interactions with our websites;
D. Geolocation data, such as device location and IP location; and
E. Inferences drawn from any of the Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.
For purposes of this Privacy Policy, “sold” or “sale” means the disclosure of Personal Information for monetary or other valuable consideration but does not include, for example, the transfer of Personal Information as an asset that is part of a merger, bankruptcy, or other disposition of all or any portion of our business. We generally do not “sell” your Personal Information, except in a few limited cases to support our business operations (e.g., email addresses to correct and enhance our contact lists).
If you are a California resident, you may request that we:
(1) Disclose to you the following information covering the 12 months preceding your request:
• The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
• The specific pieces of Personal Information we collected about you;
• The business or commercial purpose for collecting or selling (if applicable) Personal Information about you;
• The categories of Personal Information about you that we sold and the categories of third parties to whom we sold such Personal Information (if applicable); and
• The categories of Personal Information about you that we otherwise shared or disclosed, and the categories of third parties with whom we shared or to whom we disclosed such Personal Information (if applicable).
To make a request for the disclosures, please click here.
(2) Delete Personal Information we collected from you.
To make a request for deletion, please click here.
(3) Opt you out of any future “sale” of Personal Information about you by clicking here. You may also make the requests described above by contacting us in accordance with the “Contacting Us” section below. We will respond to your request consistent with applicable law. You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.
UPDATES TO THIS PRIVACY POLICY The “Last Updated” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services.
CONTACTING US
Innovative Publishers, Inc., located at 75 Arlington Street, 5th Floor, Boston, MA 02116 is the company responsible for collection, use, and disclosure of your Personal Information under this Privacy Policy. If you have any questions about this Privacy Policy, please contact us as follows:
By email: privacy@innova-publishers.com (U.S) dataprotection@innova-publishers.com (International) unsubscribe@innova-publishers.com (newsletter unsubscribe requests)
By phone: (617) 865-3535
By mail:
Online Privacy
Attn: Customer Service
Innovative Publishers, Inc.
75 Arlington Street, 5th Floor
Boston, MA 02116
Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.