Revision Date: October 16, 2010
The terms "Wheres The Remote", "Vendor", "we", "us", and "our" refer to Actualize LLC, a New Hampshire limited liability company, dba Wheres The Remote and WheresTheRemote.com.
Merely by accessing the Service you may provide certain information to the Service, Vendor, or third parties, such as information about the software you are using to access the Service, referring website, locale information such as language, and IP address. Vendor may receive, collect, store, and analyze such information and may publish or share with third parties such information that does not include personally identifiable information.
We may track usage of the Service to analyze trends, administer the Service, track your actions and use of the Service, record transactions, and gather demographic information for aggregate use.
Usage Data is our sole property and we may publish or share with third parties non-personally identifiable information gleaned from Usage Data.
Use of certain features of the Service requires you to provide additional information. The information that you are required to provide depends on the nature of your usage of the Service. Some features of the service require you to provide personally identifiable information. Any time the Service requests you to provide additional information you may decline, but so doing may prevent you from using certain features of the Service. Some features of the Service may provide you with the opportunity to optionally provide more information than is necessary to use the feature, which you may choose to provide or not at your discretion.
You must register with this Service in order to use certain features and functions, such as posting ads. If you just want to browse the Service, registration is optional.
During registration, you will be required to provide information including email address, username, password, and display name.
Your username will be used to sign-in to the Service. Your username and / or display name will be used to identify you publicly on the Service wherever that may be necessary, such as to identify authorship of content submitted by you. It is possible, but not promised, that you will be able to use the same value for your username and display name if you choose.
Subject to certain limitations, including, without limitation, those described below, you may select your username and display name. Usernames and display names may be subject to limits on minimum / maximum length and allowed characters. Usernames and display names must be unique from those of other users. Your username or display name can not be an impersonation, can not cause confusion with a famous trademark, or consist of Objectionable Matter. Your username and display name can not imply that you are a representative of Wheres The Remote. You may, but are not obligated to, use your own name. If you do use your own name as your display name, you consent to it being passed to others by use of the functions of the Service. Vendor reserves the right to reject, remove, or edit any username or display name in our discretion and / or suspend, disable, or delete the account.
"Local Storage" means data that is stored on and retrieved from your computer as a result of your use of the Service. Local Storage may be accessed by the Service itself and by third parties as a result of your use of the Service. Each time you use the Service, data may be sent from the Service or third parties and stored in Local Storage and / or retrieved from Local Storage and sent to the Service or third parties. Data stored at one time that you use the Service may be retrieved at another time that you use the Service in the future. Local Storage may be implemented using cookies or other technologies.
Use of the Service may result in the use of both temporary "session" forms of Local Storage that expire when you close your browser and persistent forms that continue to be stored on your computer after you close your browser and may be retrieved by the Service or third partires when you visit in the future.
Local Storage is used to facilitate provision of the Service and your use thereof. Such uses may include, without limitation, identifying users and tracking their usage of the Service, and recording user preferences.
Your software, such as your web browser, may allow you to control and limit use of Local Storage on your computer. By accessing the Service without configuring your software to disable the use of Local Storage by the Service or third parties you consent to the use of Local Storage by the Service and third parties that access it as a result of your use of the Service. If you reject or disable Local Storage, you may still attempt to use the Service, but your ability to do so may be limited.
"Contact Information" means any information you provide to Vendor which could be used to contact you, including, without limitation, email addresses, telephone numbers, or physical / mailing addresses.
Vendor may use your Contact Information to provide you with significant announcements about functions or features that you have registered to use, about the Service, about any user account you may create, about fulfillment of a specific transaction you have requested, or about other significant developments that may affect your use of the Service. You cannot opt-out of this kind of contact.
Vendor may provide your contact information to third parties when necessary for the provision of services or to comply with legal requirements.
Vendor does not intend not use your Contact Information for other purposes unless requested by you.
Vendor may use non-personally identifiable information, such as city, state, and country of Users in any way whatsoever.
This Service may request additional information from you on product order forms or other online transaction forms. Such forms may require you to provide contact information (such as name and mailing or shipping address) and payment information (such as credit card number and credit card expiration date). Information that you provide in this way may be used for billing and accounting purposes, for recording products and services that you have licensed, bought, or downloaded, and to fill your orders. Vendor may use this contact information to communicate about orders, products, services, or fees or charges.
Vendor uses third parties to process payments for goods and services. These companies have access to user information in order to perform their functions.
Vendor may partner with other third parties to provide specific goods or services. When you sign up for such goods or services, Vendor will share names or other contact information that is necessary for the third party to provide these goods or services. Vendor does not authorize third party providers to use personally identifiable information except for the purpose related to these goods or services, but can not control and is not responsible for misuse of information by any third party.
The Service may allow you to contribute content via blogs, comments, discussion forums, email discussion lists, social media, or other means
Nothing requires you to disclose your identity to others. If you choose to disclose your identity to third parties, including other users of the Service, using any function or feature of the Service, you do so at your own risk. Vendor is not responsible for the privacy or security of any information, personal or otherwise, that you may choose to communicate or exchange using the Service.
Vendor has feedback functionality on the Service that allows you to submit comments, suggestions, or bug reports. Vendor may collect your name or other information about you in order to identify the source of the submission and / or follow up with you.
If you submit any feedback in the nature of a suggestion or request regarding the content, features, or functionality of the Service, even in response to a solicitation by us, then to the extent that you hold any intellectual property rights, including, without limitation, copyright, trademark, patent, or trade secret, in the submission or concepts embodied in the submission, then you grant Vendor a non-exclusive, perpetual, irrevocable, worldwide, royalty free license to use and sublicense the intellectual property, and you waive and disavow any claim to financial compensation or other consideration with respect to our or our sub-licencees' usage of the intellectual property. Vendor will not have any duty to maintain confidentiality regarding the intellectual property and may publish it or disclose it to third parties. IF YOU DO NOT AGREE WITH THESE TERMS, THEN DO NOT SUBMIT ANYTHING TO Vendor IN WHICH YOU HOLD ANY INTELLECTUAL PROPERTY RIGHTS THAT YOU DON'T WANT US TO EXERCISE AS DESCRIBED HEREIN.
When the Service requests your financial information (such as credit card number), that information is encrypted and is protected during transmission through the Internet using Secure Socket Layer (SSL) technology. You should see the lock icon in your web browser display as locked, as opposed to unlocked, open, or not displayed when you are just browsing.
If you provide contact information or personally identifiable information that changes, Vendor will endeavor to provide a way to correct, update, or remove your personal data from your account. This can usually be done using account management tools at our website. It may not be possible to change your personal data that is within or associated with User Content that you have supplied in the past.
Vendor uses third parties to provide resources necessary for operating the Service, including, without limitation, software, hardware, networking, communications, and data storage. Notwithstanding any of your rights in and to information you provide to Vendor, or Vendor's terms and policies with respect to such information, the information may be transmitted and / or stored using third party resources.
Vendor may be sold, might sell or buy businesses or assets of businesses, or Vendor might merge with another business. In such transactions, user and customer information generally is one of the transferred business assets. Also, in the event that Vendor, a line of business of Vendor, or substantially all the assets of Vendor that are involved in the operations relevant to this Agreement are transferred, customer information may well be one of the transferred assets. The entity to which the user information is transferred may have different privacy policies than Vendor and Vendor is not responsible for such.
Vendor may release information concerning your use of the Service (including, but not limited to, posted User Content, registration information, and network records) when it believes in good faith that such release is appropriate to comply with the law (for example, pursuant to a statutory demand, subpoena, warrant, or court order), to protect against fraudulent, abusive, or unlawful use of the Service, to protect Vendor's rights or property, enforce any contract between you and Vendor, or if Vendor reasonably believes that a situation involving danger of death or injury to any person requires disclosure.
The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
Revision Date: October 16, 2010