We may ask you provide to us which includes your name, email address, and financial budget information (“Personal Information”). We collect this information in a number of ways, including when you enter it while using our Service, interact with our customer service, or participate in surveys or marketing promotions. You may choose to voluntarily submit certain other information to us through the Service, including Personal Information, but you are solely responsible for your own Personal Information in instances where we have not requested such information from you.
The methods that may be used on the Service to collect Usage Information include:
Log Information: Log information is data about your use of the Service, such as IP address, browser type, internet service provider, referring/exit pages, operating system, date/time stamps, and related data, which is stored in log files.
Information Collected by Tracking Technologies: Cookies, web beacons (also known as "tracking pixels"), embedded scripts, location-identifying technologies, device fingerprinting, and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about your interactions with the Service or e-mails, including information about your browsing and activity behavior.
Cookies: A cookie is a small text file that is stored on a user’s device, which may be a session ID cookie or tracking cookie. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies help in understanding how you use the Service, and remain longer. The Service may associate some or all of these types of cookies with your devices. Cookies may remain on your device for extended periods of time.
Web Beacons (“Tracking Pixels”): Web beacons are small graphic images, also known as "internet tags" or "clear gifs," embedded in web pages and e-mail messages. Web beacons may be used to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views.
Embedded Scripts: An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your device from our web server or a third party with whom we work, is active only while you are connected to the Service, and deleted or deactivated thereafter.
Location-identifying Technologies: Location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location.
Some information about your use of the Service and certain Third Party Services (defined below) may be collected using Tracking Technologies across time and services and used by us and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain Third Party Services (as defined below).
Manage our Service, including your registration and account;
Process and facilitate your transactions;
Respond to your comments, questions, and requests, and provide customer service;
Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages;
Prevent and address fraud, breach of policies or terms, and threats or harm;
Monitor and analyze trends, usage, and activities;
Conduct research, including focus groups and surveys;
Improve the Service or other Asher websites, applications, marketing efforts, products and services;
Send you advertisements and communicate with you regarding any third party products, services,offers, promotions, rewards and events we think you may be interested in; and
Fulfill any other purpose disclosed at the time you provide Personal Information.
To comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements;
To protect the rights, property, life, health, security and safety of us, the Service or any third party;
In connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another company;
With our affiliates for internal business purposes;
With our affiliates, business partners, and other third parties for their own business purposes,including direct marketing purposes (California residents have certain rights set forth in “California Privacy Rights” below);
For purposes disclosed at the time you provide Personal Information; and
With your consent or at your direction.
Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you with third parties or affiliates for any purpose.
Our Service contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). In addition, our Service contains features that allow you interact with, connect to, or access our Service through certain Third Party Services and third party devices (“Third Party Features”). For example, you interact with a Third Party Service when you “like” or “share” content over social media through our Service. Remember that third parties may use Tracking Technologies to independently collect information about you and may solicit Personal Information from you. Also, if you use a Third Party Feature, both we and the applicable third party may have access to and use information associated with your use of the Third Party Feature.
Our Service also contains Tracking Technologies operated by third parties. For example, analytics services, such as Google Analytics, may use Tracking Technologies on our Service to help us analyze your use of the Service, compile statistic reports on the Service’s activity, and provide other services relating to Service activity and internet usage. Similarly, ad serving services, advertisers, and other third parties may use Tracking Technologies on our Service and Third Party Services to track your activities across time and services, and tailor ads to you based on your activities, which may include sending you an ad on a Third Party Service or third party device after you have left the Service (“Interest-based Advertising”).
Regular cookies and tracking pixels, among other Tracking Technologies, may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe’s website http://helpx.adobe.com/flash- player/kb/disable-third-party-local-shared.html. Please be aware that every website utilizes its own cookies, so cookie preferences should be set for each Asher website. If you choose to opt out of any Tracking Technologies such as without limitation cookies and pixels, a preference cookie will be placed on your device in order to honor that opt-out. If you later clear your browser and delete cookies from your device, by doing so you will also remove the preference cookie. Therefore, in order to remain opted out of Tracking technologies, you will have to go back to the cookie management tool and renew your choices. Please remember that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus as to what “Do Not Track” means in this context. Like many online services, Asher currently does not alter Asher’s practices when Asher receives a “Do Not Track” signal from a visitor’s browser.
To find out more about “Do Not Track,” you can visit https://www.allaboutdnt.com. Please note, Asher is not responsible for the completeness or accuracy of this third party information. Some third parties, however, may offer you choices regarding their Tracking Technologies. Asher is not responsible for the completeness or accuracy of third party choice notices or choice mechanisms.
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. You also take advantage of self-regulatory programs, which provide additional privacy choices for internet-based advertising, which can be found below. Asher is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
In the US: Digital Advertising Alliance (“DAA”) http://www.aboutads.info/
In Canada: AdChoices: Digital Advertising Alliance of Canada (“DAAC”) http://www.youradchoices.ca/
In Europe: European Interactive Digital Advertising Alliance (“EDAA”) http://www.youronlinechoices.com/
You can opt out of receiving certain promotional e-mails from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link or by sending an e-mail to us with the word UNSUBSCRIBE in the subject field of the e-mail. Please note that your opt out is limited to the e-mail address used and will not affect subsequent subscriptions or non-promotional communications, such as those about your account, transactions, servicing, or Asher’s ongoing business relations.
We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information collected through our Service.
California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt in to, or opt out of, this type of sharing.
Asher may share personal information as defined by California’s “Shine the Light” law with third parties and/or affiliates for such third parties’ and affiliates’ own direct marketing purposes. If you are a California resident and wish to obtain information about our compliance with this law, please e-mail us at email@example.com or contact us at (949) 378-4823. Requests must make reference to “California Privacy Rights Request” in the description and include your name, street address, city, state, and ZIP code. Please note that Asher is not required to respond to requests made by means other than through the provided e-mail address or telephone number.
Any California residents under the age of eighteen (18) who have registered to use the Service and how have posted content or information on the Service, can request that such information be removed from the Service by sending an e-mail to us at firstname.lastname@example.org. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.
The Service is intended for a general audience and not directed to children under thirteen (13) years of age. Asher does not knowingly collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe Asher has collected such information in a manner not permitted by COPPA, please e-mail us at email@example.com or contact us at (949) 378-4823, and we will remove such data to the extent required by COPPA.
If you have any questions or comments about this policy, please e-mail us at firstname.lastname@example.org or contact us at (949) 378-4823.
These Terms (“Terms”) set forth a legally binding agreement between You and Asher Entertainment Productions, Inc. (“Asher”, “we”, “our”, or “us”), and govern your use of any online service location that posts a link to these Terms, including our website, and all features, content, and other services that we own, control and make available through such online service location (collectively, the “Service”).
In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively "Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise.
You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on our Service (collectively, “Content”) are owned by Asher or its licensors. You are expressly prohibited from using any Content without the express written consent of Asher or its licensors. Except as otherwise stated herein, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of Asher, and/or the appropriate licensor. Permission is hereby granted to display, copy, distribute, and download the materials on our Service solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without Asher’s express written permission, “mirror” any material contained on our Service or any other server. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on our Service may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Asher on or by our Service or otherwise disclosed, submitted or offered in connection with your use of our Service (collectively, “Comments”) shall be and remain Asher’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Asher of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Asher will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Asher is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Service will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Service will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that Asher may use and/or disclose information about your demographics and use of the Service in any manner that does not reveal your identity. By participating in Service sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Asher may use your information for marketing and promotional purposes.
You agree that Asher may send electronic mail to you for the purpose of advising you of changes or additions to our Service, about any of Asher’s products or services, or for such other purpose(s) as Asher deems appropriate.
Any contests or promotions described or posted on our Service shall be governed by the rules regulating such event.
To the extent that our Service contains links to outside services and resources, the availability and content of which Asher does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
Any interactions, correspondence, transactions, or dealings you have with any third parties found on or through the Service (including on or via Third-Party Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Asher disclaims all liability in connection therewith.
“Asher” is a registered trademark, service mark, and/or trade name of Asher. All other trademarks, service marks, and trade names contained in the Service are the properties of the respective owners. Asher disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of these marks may be made without the prior written authorization of Asher, except as necessary to accurately identify the products or services of Asher.
If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to identify content or material posted on the Service that is infringing that you would like removed from our Service, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to email@example.com.
THE SERVICE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. NEITHER ASHER NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE " ASHER PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
From time to time there may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ASHER PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.
We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Service so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Service.
These Terms and any applicable Additional Terms, Dispute and intellectual property Disputes, and any other claim brought by you against Asher or by Asher against you, or otherwise related to the Service, content, or other Asher products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of California, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.
Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the content, these Terms, or any applicable Additional Terms, whether before the Effective Date of these Terms or after arising (collectively, "Dispute") shall be in Los Angeles, California. Each party submits to personal jurisdiction and venue in Los Angeles, California, U.S.A. for any and all purposes.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY ASHER OR A LICENSOR OF ASHER.
You agree to defend, indemnify and hold harmless Asher from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms, or any applicable Additional Terms; (ii) your misuse of the Service; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (iv) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (v) your use of a Third Party Service; or (vi) any misrepresentation made by you. Asher reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Asher’s defense of any claim. You will not in any event settle any claim without the prior written consent of Asher.
No Asher consent or approval may be deemed to have been granted by Asher without being in writing and signed by an officer of Asher.
No Asher consent or approval may be deemedIf any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Asher may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Asher. to have been granted by Asher without being in writing and signed by an officer of Asher.
These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Asher in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
Asher controls and operates the Service from the U.S., and Asher makes no representation that the Service is appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service. Software related to or made available by the Service may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
Asher reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. Asher may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
Effective: January 1, 2020