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.
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: firstname.lastname@example.org . 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 email@example.com. Please include in your e-mail the URL of the website or the name of the mobile application.
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.
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.
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
USE OF SECURE AREA AND PASSWORD
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.
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.
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 firstname.lastname@example.org 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
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.
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.
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.
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
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
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.
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 email@example.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
Children Under 13
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 firstname.lastname@example.org 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.
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.
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.
Changing/deleting personal information
If you would like to have your personally identifiable information changed or removed from our database, please contact us at email@example.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.
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 firstname.lastname@example.org 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.
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 email@example.com.