Terms of Service
Last Modified: 8/22/2017
To use our services, including the submission of any content through our services, we require that you agree to these Terms of Service ("Terms"). Among other things, you understand and agree that
The full Terms are copied below.
WELCOME! RTM Productions, LLC AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES (HEREINAFTER COLLECTIVELY REFERRED TO AS "WE" OR "US" OR "OUR"), PROVIDE A VARIETY OF ONLINE WEB SERVICES, MOBILE APPLICATIONS, AND OTHER SERVICES TO LOCATION-ENABLED AND OTHER TYPES OF DEVICES (COLLECTIVELY, THE "SERVICES") WE PROVIDE THE SERVICES SUBJECT TO YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW (THE "AGREEMENT").
BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE SERVICES. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
As our Services are an evolving medium, the Terms of this Agreement may change from time to time. Please periodically review and become familiar with these terms. Your continued use of the Services after the posting of changes to these Terms will signify your acceptance of these changes. We may immediately terminate any individual's use of the Services and/or such user's password(s) or account(s) in the event user violates the terms of this Agreement or engages in conduct that we, in our sole discretion, considers to be unacceptable. Such removal or termination may occur without notice to the user.
COPYRIGHT INFORMATION
The Services contain copyrighted material, trademarks and other proprietary information, including but not limited to, text, images, photos, software, video, graphics, music and sound, and applications. The entire contents of the Services are protected by United States copyright, trademark, patent, trade secret and other laws. Unless otherwise noted, RTM Productions, LLC, or their parents, subsidiaries or affiliates own all content that is part of the Services.
Although the Services are freely accessible, by providing such access we do not intend to relinquish our respective rights, or any other party's rights, to the materials appearing on the Services. The material on the Services is provided for private, non-commercial use only.
Reporting Copyright Infringement:
If you are a copyright owner or an agent thereof and believe any content or other information appearing on the Services infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") containing the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright interest that is allegedly infringed;(ii) Identification of the copyrighted 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;(iii) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;(v) A statement that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and made under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated agent to receive notifications of claimed infringements is: RTM Productions, LLC. Attn:
Webmaster 130 Southeast Parkway Court Franklin, TN 37064
mailto: gearhead@powernationtv.com . Please
include in your e-mail the URL of the website or the name of the mobile application or other service
which you believe to contain infringing content.
REPORTING OBJECTIONABLE MATERIAL
If you consider any material appearing on the Services to be objectionable and would like to report it, please contact us at gearhead@powernationtv.com. Please include in your e-mail the URL of the website or the name of the mobile application.
TRADEMARK NOTICE
RTM Productions, LLC, its parents, subsidiaries, or affiliates own all rights to their logos and trademarks used in connection with the Services. All other trademarks, service marks and logos used in the Services are the trademarks, service marks or logos of their respective owners. You may not use any trademark or service mark appearing on the Services without the prior written consent of the owner of the mark.
CODE OF CONDUCT
You agree not to engage in any of the following conduct. Such conduct is unacceptable and may result in termination of your use of the Services:
YOU EXPRESSLY AGREE TO INDEMNIFY, (AT OUR REQUEST) DEFEND, AND HOLD US, AND OUR AFFILIATES AND SPONSORS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE PROVISIONS RELATING TO CONTENT SUBMITTED BY YOU, (B) YOUR VIOLATION OF ANY OF THESE TERMS OF SERVICE AND/OR THE CODE OF CONDUCT ABOVE, (C) YOUR ACTIVITIES IN CONNECTION WITH THE SERVICES OR ANY RELATED SERVICES; (D) YOUR ACCESS TO OR USE OF THE SERVICES OR ANY RELATED SERVICES; AND/OR (E) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT BY YOU.
By using the Services, you are indicating that you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, please do not use the Services. If you are not yet the age of majority in the state in which you reside, a parent or guardian may agree to be bound by the terms of this Agreement on your behalf.
MAKING PURCHASES
Certain portions of the Services may allow you to purchase or license different types of products and services that are provided by us and/or third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of products and services purchased or licensed on the Services. If requested to provide any information, you must provide information that is accurate, complete and current. Where a third party is responsible for collecting, transmitting and/or processing your personal financial information and, in some instances, for fulfilling your order, all payment obligations shall be governed by the terms of use/service and privacy policy(ies) of the third party. You agree to review and to comply with the terms and conditions of any specific agreement that you enter into with us and/or a third party in connection with the licensing or purchase of any product or service. You are responsible for all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to such licensing or purchases.
If you make a purchase on our Services or on a third-party website, platform, application, or service that you have accessed via our Services, the information obtained during your use of the Services or a third party's online store or service and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the third party and/or us. You understand that any such information collected by us will be treated as described in our Privacy Policy. To read our Privacy Policy, scroll to the bottom of the page and click "Privacy Policy." A third party may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent third-party policies. For more information regarding a third party, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that third party's site and click on its information links or contact the third party directly. You release us from any damages that you incur, and agree not to assert any claims against us, arising from your purchase, license and/or use of any products or services made available by third parties through the Services.
THIRD PARTY ADVERTISING
We may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
SUBMISSIONS
You may submit any text, images, data, or other materials ("Content") on the Services. In so doing, you acknowledge and agree that you grant to us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to:
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
You acknowledge that if and when we sponsor contests, sweepstakes, or promotions (collectively, "Special Promotion"), or third parties sponsor a Special Promotion in conjunction with us, either we or the third party will post terms and conditions in the official rules and/or registration area for the Special Program that apply to the particular Special Promotion. Those terms and conditions, to the extent they conflict with this Agreement and/or the Privacy Policy, will govern that particular Special Promotion.
PRIVACY
Personal information that users of the Services provide in connection with purchases, contests, polls, chat rooms and forums or other usages of the Services or related services is collected by us. Any such information will be treated as described in our Privacy Policy. To read our Privacy Policy, scroll to the bottom of this page and click "Privacy Statement." Users are discouraged from posting personally identifying information about themselves on publicly accessible areas of the Services, such as within classified advertisements, comments/reviews for display on the Services or other "user generated content" submitted for display on the Services or in any other communications with other users of the Services.
We do not knowingly collect personally identifiable information from children younger than 13 years of age. Before registering for an account to use the Services, we ask that all minors 13 and older have their parents read our Privacy Policy.
USE OF SECURE AREA AND PASSWORD
You may be given the opportunity to register via an online registration form to create a user account ("Your Account") that may allow you to receive information from us and/or to participate in certain features on the Services such as message boards and forums. We will use the information you provide in accordance with our Privacy Policy. All registration information you submit to create an account must be accurate and must be kept updated. You may not distribute your password to others. You are responsible for all uses of your password and any and all damages to us resulting from the distribution of your password, whether or not authorized by you.
Children under the age of 13 are not authorized to post messages or participate in "Forums" (as defined below) on the Site. By creating a user account, you represent that you are 13 years of age or older and, if you are under the age of majority in the state in which you reside, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, use the Services, and fulfill the obligations set forth in these Terms of Service.
CONTENT MONITORING
You acknowledge and agree that we have the right, but not the responsibility, to monitor the Services and related services, including without limitation chat rooms and forums, and to disclose any information to any third party in order to operate the Services properly, to protect itself, its sponsors and our customers, and to comply with legal obligations or governmental requests, or to respond to any circumstance that we deem to be an emergency. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable, offensive or in violation of this Agreement, in our sole determination.
WARRANTY INFORMATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THEM OR ANY RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SERVICES, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY US. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE SERVICES AND/OR SITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND ANY RELATED SERVICES.
YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER US, NOR THEIR AFFILIATES, EMPLOYEES, AGENTS, SPONSORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, ANY RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, ANY RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THEM IS TO STOP USING THE SITE AND/OR SUCH SERVICES.
We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Services, you acknowledge and agree to this disclaimer of any such liability. If you do not agree, you should not access or use the Services.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Although we attempt to ensure the integrity of the Services, a possibility exists that the Services could include inaccuracies or errors, or unauthorized additions, deletions and alterations made by third parties to the Services. We make no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please contact us at gearhead@powernationtv.com so that it can be corrected. Please include the URL of the website or the name of the mobile application or other service in your email.
In many instances, the content available through the Services represents the opinions and judgments of the respective information provider, user or member of the Services, or other user not under contract with us. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than our authorized employee spokespersons while acting in their official capacities. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Services.
LINKS TO OTHER WEBSITES AND SERVICES
To the extent the Services contain links to outside services and resources ("Linked Sites"), we neither endorse nor are affiliated with the Linked Sites and are not responsible for any content that appears on the Linked Sites. You are encouraged to review any privacy policy or terms of service posted on the Linked Sites. The respective owners of the Linked Sites neither endorse nor are affiliated with us or our sponsors.
PARENTAL CONTROL PROVISIONS
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the sites of the Electronic Frontier Foundation (www.eff.org) and GetNetWise (www.getnetwise.org).
VOID WHERE PROHIBITED
Although certain Services may be accessible worldwide, not all products or services discussed or referenced in or on the Services are available to all persons or in all geographic locations or jurisdictions. We reserve the right to limit the availability of the Services and/or the provision of any product or service to any person, geographic area or jurisdiction it so desires, in our sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made through or on the Services is void where prohibited.
JURISDICTION
We make no representation that materials on the Services are appropriate, available or legal in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that these Terms, for all purposes, shall be governed and applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of these Terms must be brought in a state or federal court in the State of Delaware. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts in New Castle County, Delaware.
MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
We may at any time change the Services, including eliminating or discontinuing any content or feature of the Services, restricting its availability or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, postings or notifications on the Services, by electronic mail, by conventional mail, or by another other means chosen in our sole discretion. Your use of the Services after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.
Privacy Policy
Last Modified: 8/22/2017
Your right to privacy is very important to RTM Productions, LLC (hereinafter referred to as “RTM”
or "we" or "us" or "our"). We are committed to helping you maintain control over your personal data
while fostering the growth of a more interactive, engaging, and personalized web and wireless
experience. RTM respects your right to control how much information you provide about yourself. The
following Privacy Policy (this “Policy”) describes how RTM collects, protects, and uses
information we receive from visitors to our web sites, , including but not limited to: RTMtv.com,
Horsepowertv.com, Truckstv.com, Xtreme4x4tv.com, PowerBlocktv.com, Musclecartelevision.com,
MyPowerBlocktv.com, PowerNationtv.com, EnginePowertv.com, TruckTechtv.com, DetroitMuscletv.com,
XtremeOffRoadtv.com, SearchandRestoretv.com, PowerNation360.com, PowerNationgarage.com,
PowerBlockNetwork.com, PowerNationDirectory.com, PowerNationStore.com, PowerBlockSwag.com, and
ThePowerNation.com (the "Site(s)"). We provide a variety of online web services, mobile
applications, and services for location-enabled and other types of devices (collectively, the
"Services").
Although we respect the privacy of all those who use our Services, we do collect
information from our members and visitors. This Privacy Policy governs your interaction with the
Services, and your registration for and use of the Services. Except as set forth within this Privacy
Policy and the Terms of Service and/or other published guidelines, we do not release personally
identifiable information about the Service's members and visitors without their permission.
Please note that we review these privacy practices from time to time, and that these practices are
therefore subject to change. We ask that you periodically review this page to ensure continuing
familiarity with the most current version of the Services' Privacy Policy. To contact us about privacy
issues, to report a violation of the Services' Privacy Policy, or to raise any other issue regarding the
Services, please e-mail us at gearhead@powernationtv.com. By using one of our Sites, you
agree to the terms of this Policy. This Policy applies only to information collected through our Sites
and Services and not to information collected offline.
The information we
gather
We gather the following types of information about the users of the
Services:
(1) Non-personally identifiable information: We may
collect and aggregate information indicating, among other things, which pages were visited, the order in
which they were visited, and which hyperlinks were "clicked." Collecting such information involves the
logging of IP addresses, operating system and browser software used by each user. Although such
information is not personally identifiable, we can determine from the IP address a visitor's Internet
Service Provider and the geographic location of his or her point of connectivity.
The
non-personally identifiable information we collect helps us diagnose problems with our server,
administer the Services, identify the most popular areas or features of the Services, and determine the
effectiveness of our promotional activities. In addition, we may disclose some of this information to
advertisers to inform them of the number of people who have seen and/or clicked through their
advertisements.
For the same purposes, we use "cookies"---that is, small text files placed on
your computer's hard drive---to help us determine the type of content and sites to which you link, the
length of time you spend at any particular area or feature of the Services, and your usage of the
Services. Cookies also tell us which advertising you have seen on the Services. At certain times, we may
use outside advertising companies to display advertisements on the Services that may contain cookies
("banner ads"). These banner ads collect information stored by the advertising company and we do not
have access to this information.
Essentially, cookies are your identification cards for our
computers, or servers, that placed them there. Cookies are only read by the server that placed them, and
are unable to execute any code or virus. Cookies allow us to serve you better and more efficiently, and
to personalize your experience on the Services.
The Services may also utilize an electronic
file called a web beacon to count users who have visited a web page or recognize users by accessing
certain cookies. The collected information may include the number of page visits, pages viewed on our
Services, search engine referrals, browsing activities over time and across other sites following your
visit to one of our Services, and responses to advertisements and promotions on the Service and on other
sites and apps where we advertise. We, our third-party suppliers and/or the web sites and services of
advertisers and merchants with which we have a relationship may use cookies and web beacons (a) for
auditing purposes and to collect information from the web sites and services of certain advertisers or
merchants; (b) to report anonymous individual and/or aggregate information about our users from such
advertisers or merchants; (c) to collect general internet usage information over time regarding users of
the Services; and (d) target relevant advertising to the users of the Services. Aggregate information
may include demographic and usage information. You may choose to opt-out by contacting us at gearhead@powernationtv.com.
We also utilize third-party services such as Google Analytics to collect certain information such as your
IP address, your browser type, and the web page that you visited before arriving at and after leaving a
Site. These service providers process the information they collect to audit, research, and report
information about our Sites and advertisements viewed on the Sites.
At this time, the
Services do not recognize automated browser signals regarding tracking mechanisms and preferences, which
may include "do not track" instructions. However, you may adjust the privacy preferences of your
browser, including the control of how and whether cookies will be accepted by your web browser or
device. For more information on how to do so, please refer to the documentation accompanying your
browser or device.
(2) Personally identifiable information: Certain
features of the Services, such as surveys and contests, may require that you provide personally
identifiable information (including, for example, zip code, age, income, and e-mail address, and when
applicable, credit card information). Some third-party vendors may have access to this information. In
addition, when registering to set up an account to use certain features of the Services such as e-mail,
chat rooms, and forums, or to receive certain newsletters or specifically targeted information, we do
require that you provide a valid e-mail address.
We do not control the acts of users of the
Services. All users should be aware that, when they disclose personally identifiable information in a
bulletin board, chat room, guestbook, or other forum, the information may be collected and used by
others to send that person unsolicited e-mail from other parties outside of the Services. In the event
that you encounter any user of the Services who is improperly collecting or using information about you
or other users, please contact gearhead@powernationtv.com.
Collection of
geo-location information
We may collect information about your location when you
access the Services from a mobile device or through any of our mobile applications. If you do not enable
the service to use your location information or if the app does not have that feature, we will not
collect or store your location information. You can turn off such data collection at any time by
accessing the privacy setting of your mobile device and/or through the settings in the applicable mobile
application.
Information collected from social networks and platforms
You also can engage with our content, such as video, games, applications, and other offerings, on
or through third-party platforms and social networking sites, such as Facebook® or Twitter®, or
other third-party social media plug-ins and applications. When you engage with our content on or through
third party social networking sites, plug-ins or applications, we may collect information from your
social media profile such as your user ID or user name associated with that social media service, any
information or content you have permitted the social media service to share with us, such as your
profile picture, email address or friends lists, and any information you have made public in connection
with that social media service. When you access the Services through social media services, you are
authorizing us to collect, store, and use such information and content in accordance with this Privacy
Policy.
Through some social networking sites' privacy settings, you can control what
information you share. For a description on how social networking sites handle your information, please
refer to their privacy policies and terms of use.
Children Under 13
We do not knowingly collect personally identifiable information from children younger than 13
years of age. Before registering for an account to use the Services, we ask that all minors thirteen
years old and older to have their parents read our Privacy Policy.
How we use
(and do not use) the information we gather
Please take some time to familiarize
yourself with the different ways we use the information that we gather. To provide visitors with
additional or more relevant product and service opportunities, to improve and personalize the Services
and to perform analytics, and for the additional uses discussed in this privacy statement, among other
things, we may make your information available to certain third-party service providers, such as
contractors, agents or sponsors, who help us manage or provide the Services. We cannot and do not assume
any responsibility for any actions or omissions of third parties, including the manner in which they use
information received either from us or independently. Nevertheless, in the event you encounter any third
party associated with, or who claims association with, us who you feel is improperly collecting or using
information about you, please contact gearhead@powernationtv.com or by phone. We will be
happy to forward your message to the third party.
(1) How we use (and do not
use) non-personally identifiable information: We use non-personally identifiable
information in aggregate form to build higher quality, more useful Services by performing statistical
analyses of the collective characteristics and behavior of the users of the Services, and by measuring
demographics and interests regarding specific areas and features of the Services. We utilize the
information to tailor online advertising to users on the Services and across the Internet. (You can
learn more about our advertising practices below.) We provide statistical information based on this data
to advertisers, affiliates, and other current and potential business partners. We also use the aggregate
data to inform these third parties as to the number of people who have seen and clicked on links to
their web sites.
We also use the services of third parties, such as Google, to provide us
with data collection, reporting, ad response measurement, and website and mobile application analytics,
as well as to assist with delivery of relevant marketing messages and advertisements. These third
parties may view, edit or set their own cookies, web beacons or other technologies. The use of these
technologies by these third parties is subject to their own privacy policies and is not covered by this
privacy statement.
The Services may contain links to other Internet websites and services,
including Facebook®, Twitter®, co-branded or other affiliated sites that may or may not be owned
or operated by us. Unless otherwise explicitly stated, we are not responsible for the privacy practices
or the content of such websites or services, including their use of any information (such as IP number,
browser type, or operating system) collected when users or visitors to the Services click through links
to those sites. Even though such information might not identify you personally, we strongly encourage
you to become familiar with the privacy practices of those sites and services.
(2) How we use (and do not use) personally identifiable information: This
Privacy Policy serves as notice that personally identifiable information is collected during the
registration process. You may receive promotional materials from us and/or our affiliates, advertisers,
or other business partners. Our e-mail contact and solicitations are limited in that they, among other
things, will clearly indicate the originator of the e-mail and provide the customer with a method of
"opting out" of receiving future communications of a similar nature. We reserve the right to release any
personally identifiable registration information regarding you to third parties who provide goods or
services that we believe may be of interest to you. We will not release your credit card information to
third parties unless necessary to complete a transaction between you and such a third party. If you
decide that you would like to discontinue receiving promotional information from such third parties,
please contact those third parties directly, or contact us
at gearhead@powernationtv.com.
As our businesses change, we may buy or sell
various assets. In such cases, personally identifiable information about our users of our Services may
be disclosed to the other party(ies) of the transaction.
In addition, we sometimes use
demographic data to decide which advertisements and sponsor messages to show to which members. As an
example, if Sponsor XYZ wishes to display their advertising only to female members of the Services, we
may use member registration data to ensure that Sponsor XYZ's ads are displayed only to female
members.
Finally, we may use individual members' data to "pre-populate" forms, which are
displayed for the purpose of collecting individual data by us and/or our sponsors. In no case does
pre-populating a form transfer any data to any advertiser or third party. Only if the member voluntarily
requests that such data be transferred will any transfer take place---for example, if/when a member
clicks a "submit form" button or other button.
(3) How we use geo-location
information
We may use information about your location when you access our
mobile applications to provide location aware products or services and for advertising purposes.
Notwithstanding anything herein to the contrary, we may provide your location information to third
parties who provide goods or services that we believe may be of interest to you. If you do not enable
the Services to use your location information or if the app does not have that feature, we will not
collect or store your location information. You can turn off such data collection at any time by
accessing the privacy setting of your mobile device and/or through the settings in the applicable mobile
application.
Law Enforcement Requests
We reserve the right to
release any and all information contained within our access logs concerning any visitor or member when
that visitor or member is in violation of our Terms of Service or other published guidelines, or
partakes (or is reasonably suspected of partaking) in any illegal activity, even without a subpoena,
warrant, or other court order, and to release such information in response to discovery requests, or in
response to any circumstance which we, in our sole discretion, deem an emergency. We cooperate with law
enforcement agencies in identifying those who may be using the Services for illegal activities. We also
reserve the right to report any suspected illegal activity to law enforcement for investigation or
prosecution. We also reserve the right to comply with subpoenas, warrants, and other court orders
requesting information obtained or any information obtained or stored by us.
If and when we
sponsor promotions or sweepstakes, or third parties sponsor promotions or sweepstakes in conjunction
with us, either we or the third party will post relevant privacy information in the official rules
and/or registration area for the promotion or sweepstakes. That privacy information, to the extent it
conflicts with this Privacy Policy, will govern that particular promotion or sweepstakes.
Advertising
In order to provide a more relevant online experience, some of
the ads that you see across our Services as well as third party websites and applications are customized
based on your previous online activity. Information is collected about the sites that you may visit, and
the searches that you may conduct while online in order to serve advertisements that we believe are more
relevant to your interests. For this purpose, we will use cookies, web beacons or similar technologies.
The information may be used to predict your interest in future ads related to your interests. The
advertising practice is called online behavioral advertising (OBA).
We also work with
third-party data companies such as Google/DFP and Google Adsense that help us tailor these ads. The
companies we hire to display these ads set their own cookies on your browser and use web beacons to
measure the effectiveness of these ads and to understand your likely interests. We learn which of our
ads are shown to you, which ads are clicked on, and on which web page they were displayed. For
more general information about interest-based ads and your choices, visit these sites: the Digital Advertising Alliance or
the Network
Advertising Initiative.
Security
No security system is
impenetrable. Accordingly, we cannot guarantee the security of any database that stores personally
identifiable information in connection with the Services, nor can we guarantee that information you
supply will not be intercepted while being transmitted to us over the Internet. Questions regarding this
Privacy Policy should be directed to us at gearhead@powernationtv.com.
Changing/deleting
personal information
If you would like to have your personally identifiable
information changed or removed from our database, please contact us at gearhead@powernationtv.com,
and we will use reasonable efforts to comply with your request. Keep in mind, however, that there will
be residual information that will remain within our databases, access logs, and other records, which may
or may not contain such personally identifiable information. The residual information will not be used
for commercial purposes; however we reserve the right, from time to time, to recontact former customers
or users of the Services.
Opting-Out
If you prefer not to receive emails from us, you will be given an opportunity to opt-out of receiving such communications in each email that you receive from us. Simply follow the removal instructions located at the bottom of the email message. If you opt-out, you will not receive further email communications from us. You also can contact us at gearhead@powernationtv.com indicating that you no longer want to receive email communications relating to one of our Sites.
You are able to control how and whether cookies will be accepted by your web browser or device. For more information on how to do so, please click here or refer to the documentation accompanying your browser or device.
You can generally opt-out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI site and DAA site.
For our mobile applications, you can opt-out of the use of this information to tailor the ads you are shown, you can use the "Limit Ad Tracking" settings on your mobile device. You will continue to see ads, but they will not be selected based on your activity across unrelated web sites or apps.
For information about Google Analytics’ currently available opt-out options, click here. For information about setting preferences for how Google advertises to you, click here.
California Privacy Rights
If you are a California resident, you may request
information about our practices related to disclosing your personally identifiable information to
certain third parties and/or opt-out of our sharing of your personally identifiable information with
unaffiliated third parties for the third parties' direct marketing purposes. Please send your request
(along with your full name, e-mail address, postal address, and the subject line labeled "Your
California Privacy Rights") by e-mail at gearhead@powernationtv.com.
Questions?
Questions regarding this Privacy Policy should be directed to us
at gearhead@powernationtv.com
or by phone.