Rated M recognizes that your personal privacy is of the utmost importance to you. This policy lets you know how we collect and use your personal information, and how you can control its use. This policy describes the broadest potential use of personal information throughout the www.RatedM.com website (the “Website”) that is consistent with the terms of this policy. However, please note that we may make far less use of your personal information.
Personal information that we collect. Rated M collects personal information when you provide it to us, such as when you:
Registration information. Registration helps us provide you with a quick and simple checkout experience. When making a purchase on our website or registering to be a member on the site, we require certain information in order to make your experience on our site the best it can be. When you create an account, the information we require is your full name, billing address, email address and a phone number.
Placing an order. When placing an order, we will also require credit card information. Note that Rated M uses a third party to process credit card transactions. No credit card information is stored on our website.
Requesting our newsletter. If you request to receive our newsletter, we will take your email address. Once we have collected this information, you may receive our email alerts, informing you of news and special offers. You can remove yourself from the email list at any point by emailing email@example.com or clicking “unsubscribe” from the emails sent to you.
Posting comments or sharing content on the Website. If you post comments on the Website or share content found on the Website with others, we may collect your user name, email address and comment or message.
Non-personal information that we collect. In addition to the information specified above, we may collect information about your use of the Website through electronic communications protocols and cookies. As is true when you visit most websites, Rated M may automatically receive information from you as part of the communication connection itself, which often consists of network routing information (where you came from), equipment information (browser type) and date and time. Rated M may also use embedded URLs, embedded pixels and other similar technologies to capture additional information. In some cases, the information provided by these technologies may be re-associated with personal information by Rated M.
Embedded URLs. Rated M may use a tracking technique that employs embedded URLs to allow use of the site without cookies. Embedded URLs allow limited information to follow you as you navigate the site, but is not associated with personal information and is not used beyond the session.
Embedded pixels. Rated M may use embedded pixel technologies on selected pages for the purposes of identifying unique user visits to the Website, as opposed to aggregate hits, and to identify the pages viewed.
How we use the information. We use the personal information we collect from you for the following purposes:
Sharing with Social Networking Services. T he Website includes features that allow you to interact with social networking services (“SNS”) such as Facebook, Google+ and Twitter. For example, the Website may allow you to “like” or share a page or product with others on an SNS. You should be aware that your interactions with an SNS using the Website may be visible to others, as determined by your account settings at the SNS.
Our disclosure of your information. We may employ other companies to perform functions on our company’s behalf. Examples of this include processing credit card payments, delivering packages, and sending emails. These outside companies only have access to personal information needed to perform their functions, but may not use it for other purposes.
We will not sell or give away your personal information to any other third party without your consent. Note that Rated M may share your personal information with its parent, subsidiary or other affiliated entities or business partners, and it may transfer your personal information to a successor entity as part of a restructuring, merger or sale of its business.
T he security of your personal information is very important to Rated M. We have in place physical, administrative and technical safeguards designed to protect your personal information from unauthorized access. In addition, Rated M uses standard security protocols and mechanisms to exchange the transmission of sensitive data such as credit card details.
In the event that your personal information is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, Rated M will notify you of the breach by email, fax or U.S. mail. Rated M will give you notice promptly, consistent with the reasonable needs of law enforcement or Rated M to determine the scope of the breach and to investigate and restore the integrity of the data system.
We do not sell products for purchase by children. If you are under the age of 13, you may use our service only with the involvement and approval of a parent or guardian.
If you would prefer to no longer receive our emails, or if you are receiving more than one copy, you can unsubscribe to the emails by clicking on the link on the email sent to you. You can also email firstname.lastname@example.org or call 212-294-0264 ext. 279 between the hours of 9am and 5:30pm EST Monday-Friday.
Note that some non-marketing communications are not subject to general opt-out, such as communications related to your user account for this Website, transactions with Rated M and product and service updates.
Your California privacy rights. Under California Civil Code Section 1798.83 (also known as S.B. 27), if you are a California resident and your business relationship with Rated M is primarily for personal, family or household purposes, you may request certain data regarding Rated M’s disclosure, if any, of personal information to third parties for the third-parties’ direct marketing purposes. To make such a request, please send an e-mail message to email@example.com with "Request for California Privacy Information" in the subject line. You may make such a request up to once per calendar year. If applicable, we will provide you, by email, a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the third parties' names and addresses. Please note that not all personal information sharing is covered by S.B. 27's requirements.
FIFTEEN MINUTES PUBLIC RELATIONS
8436 W. Third St. | Suite 650 | Los Angeles Ca 90048
323.556.9700 (w) | 310.279.6811 (c) | 323.556.9710 (f)
ACCEPTANCE OF TERMS
Rated M provides you with access to the website at http://www.ratedm.com/ (the “Website”) subject to the following Terms of Website ("TOS"). Rated M reserves the right, at its sole discretion, to update the TOS at any time. You can review the most current version of the TOS at any time at the URL for this page.
PLEASE REVIEW THE TOS CAREFULLY. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TOS, INCLUDING ANY REVISIONS THERETO POSTED AT THE URL FOR THIS PAGE OR OTHERWISE DISCLOSED TO YOU.
GRANT OF RIGHTS
Subject to your compliance with the TOS in all material respects, Rated M grants you a limited, non-exclusive, revocable right to access and use the Website.
RESPONSIBILITY FOR CONTENT
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Website, whether publicly posted or privately transmitted ("Content"), are the sole responsibility of the person from whom such Content originated. This means that you, and not Rated M, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Website (“Your Content”), and other users of the Website, and not Rated M, are similarly responsible for all Content they upload, post, e-mail, transmit or otherwise make available through the Website (“User Content”).
You acknowledge that Rated M has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Rated M reserves the right in its sole discretion to pre-screen, refuse or remove any Content.
RIGHTS TO CONTENT
Rated M does not claim ownership of Your Content. However, you grant Rated M a perpetual, worldwide, royalty-free, non-exclusive, sublicensable, transferable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Your Content.
Except with respect to Your Content and User Content, you agree that Rated M and its licensors own all rights, title and interest in the Website and all Content within the Website. You may not (and you may not allow any third party to) copy, modify, create a derivative work from; decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code; or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Website.
The RATED M name and logo are trademarks and service marks of Rated M (the “RATED M Marks”). You agree not to display or use in any manner any RATED M Marks without Rated M’s prior written consent.
In connection with your use of the Website, you shall not:
upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, Rated M personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects the ability of other users to engage in real-time exchanges;
interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
stalk or otherwise harass another person or entity;
use spiders, crawlers, robots or any other comparable devices or means to access the Website or substantially download, reproduce or archive any portion of the Website; or
reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Website (including your user account) or your access to or use of the Website.
You agree to indemnify and hold Rated M and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of: (a) Your Content; (b) your use of the Website; (c) your violation of the TOS; or (d) your violation of any rights of another party.
MODIFICATIONS TO SERVICE
Rated M reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Rated M shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Website, including payment or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that Rated M shall not be responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of any such dealings.
The Website may provide links to other websites or resources. You acknowledge and agree that Rated M is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (collectively, “External Materials”). You further acknowledge and agree that Rated M shall not be liable, directly or indirectly, for any damage or loss caused by or resulting from use of or reliance on any External Materials.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. RATED M AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE “RATED M PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE RATED M PARTIES MAKE NO WARRANTY THAT: (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT THE RATED M PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RATED M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OF OR INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. IN NO EVENT SHALL THE RATED M PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE EXCEED THE AMOUNT OF FIFTY DOLLARS (US$50.00).
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been made available through the Website in a way that constitutes copyright infringement, please provide Rated M’s Agent for Notice of Copyright Claims 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) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Website; (d) your address, telephone number and e-mail address; (e) a statement by you that you have 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 from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Rated M’s Agent for Notice of Copyright Claims can be reached as follows:
Agent for Notice of Copyright Claims
Phone: 212-294-0264 ext. 279
Entire Agreement. The TOS constitutes the entire agreement between you and Rated M concerning your use of the Website, superseding any prior or contemporaneous agreements between you and Rated M with respect to the subject matter hereof.
Assignment. You may not assign or delegate any right or obligation under the TOS, by operation of law or otherwise, without the prior written consent of Rated M. Rated M may assign or delegate any right or obligation under the TOS, by operation of law or otherwise, without your consent.
Choice of Law and Forum. The TOS and the relationship between you and Rated M shall be governed by the laws of the State of [state], without regard to conflict of law principles. Any action, proceeding, controversy or claim between you and Rated M arising out of or relating to this TOS shall be brought in the United States District Court for [district] or, if federal jurisdiction is not available, in the [state court], and each party hereby submits to the personal jurisdiction of such courts with respect to such actions.
Non-Waiver. The failure of Rated M to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
Severability. If any provision of this TOS shall be held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its unenforceability.