Privacy Terms & Conditions
This policy only applies to information we collect on the Website and in e-mail, text and other electronic messages between you and the Website. It does not apply to information collected by: (i) us offline or through any other means, including on any website operated by any third party; or (ii) any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Use and Disclosure of Your Information
We use information that we collect about you, or that you provide to us, including any personal information:
§ To present the Website and its contents to you.
§ To provide you with information that you request from us.
§ To send you marketing and promotional materials by mail or e-mail.
§ To fulfill any other purpose for which you provide it.
§ As a stand-alone asset in the event of sale, merger, reorganization or bankruptcy of our business.
§ To carry out our obligations and enforce our rights arising from any agreements entered into between you and us, including for billing and collection.
§ To notify you about changes to the Website or any products or services we offer or provide through it.
§ To allow you to participate in any interactive features on the Website.
§ In any other way we may describe when you provide the information.
§ For any other purpose with your consent.
We may also use your information to contact you about our own and select third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, you may opt out at any time by following the unsubscribe directions in the email.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as follows:
§ To any subsidiaries and affiliates.
§ To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
§ To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Company about Website users is among the assets transferred.
§ To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
§ To fulfill the purpose for which you provide it. For example, if you give us an e-mail address to use an “e-mail a friend”-type of feature, we will transmit the contents of that e-mail and your e-mail address to the recipients.
§ For any other purpose disclosed by us when you provide the information.
§ With your consent.
Though we make every effort to preserve the privacy of the visitors to the Website, we may also disclose your personal information:
§ To comply with any court order, law or legal process, including in response to any government or regulatory request.
§ If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company or others. This includes reporting any suspected illegal activity to law enforcement for investigation or prosecution and/or exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of the Website who are California residents to request and obtain from Company, once a year, free of charge, information about the personally identifiable information (if any) we disclosed to third parties for direct marketing purposes in the immediately preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared such information. If you are a California resident and would like to make such a request, please submit your request via mail to Encore Resale 1132 Madison Avenue New York, NY 10028.
CHILDREN UNDER THE AGE OF 13
The Website is not intended for children under 13 years of age and we do not knowingly collect personal information from children under 13, nor do we knowingly distribute such information to third parties. If you are under 13, do not provide any information to this Website or through any of its features or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at via mail to Encore Resale 1132 Madison Avenue New York, NY 10028.
Usage Details, IP Addresses, Cookies and Other Technologies.
As you navigate through and interact with the Website, we may automatically collect certain information about your equipment, browsing actions and patterns, including details of your visits to the Website, and other communication data and resources accessed and/or used by you on the Website. This information is used for record keeping, to track your movements when you visit the Website and to help Company and our authorized third party analytics vendors to determine what type of information to present to you.
The technologies we use for this automatic data collection may include:
Flash Cookies. Certain features of the Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit Company, for example, to count users who have visited those pages and to determine other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
RETENTION OF INFORMATION
Any information we collect may be retained for an indeterminate period of time.
CONFIDENTIALITY AND SECURITY
Because we are committed to protecting the security of the information collected from users of the Website, we have implemented generally accepted standards of technology security in order to protect information from loss, misuse and unauthorized access, disclosure, alteration or destruction. However, it is not possible to guarantee the security or integrity of information disclosed online because no data transmission over the Internet is completely secure. We urge you to take every precaution to protect your personally identifiable information when you are online. If a password is used to help protect that information, it is your responsibility to keep your password confidential. If you are sharing a computer with anyone, we suggest you log out before leaving a site or service in order to protect subsequent users from gaining access to your information and decline to have your Internet browser remember your password.
Because no physical or electronic security is impenetrable, by using the Website or emailing information to Company, you agree to assume all risk in connection with that information.
THIRD PARTY WEBSITES
© 2015 Encore1 Inc. All rights reserved.
Last Updated: March 30, 2015
Intellectual Property Rights
(b) The trademarks, service marks, logos and other indicia of origin (collectively, the “Marks”) used on this Website are owned by Company and other third parties. No license or right to use any Marks contained on this Website is granted, whether by implication or otherwise, and any use of any Marks contained on this Website is expressly prohibited unless authorized in writing by the owner of the applicable Marks. All rights not explicitly granted herein are reserved.
(c) You are not authorized to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows:
§ Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
§ You may store files that are automatically cached by your web browser for display enhancement purposes.
§ If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
§ If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
§ Modify copies of any materials from the Website.
§ Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
§ Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to Encore Resale 1132 Madison Avenue, New York NY 10028.
§ In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
§ For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
§ To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
§ To impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
§ To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined solely by Company, may harm Company or users of the Website or expose them to liability.
§ To intentionally or unintentionally violate any applicable local, state, national or international law, regulation or ordinance
You also agree not to:
§ Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
§ Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
§ Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Company’s prior written consent in each instance.
§ Use any device, software or routine that interferes with the proper working of the Website.
§ Disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way.
§ Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
§ Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
§ Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
§ Delete or alter any Website content.
§ Otherwise attempt to interfere with the proper working of the Website.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant Company, its affiliates and subsidiaries (if any), service providers, and each of its and their respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
– You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Company, its affiliates and subsidiaries (if any), service providers, and each of its and their respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Company, have full responsibility for such User Contributions, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
The Website may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Company’s control, and Company is not responsible for, and does not endorse the content of, such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Errors and inaccuracies
We do not represent or warrant that the information on the Website is accurate, complete, or current. We reserve the right to correct any errors or omissions, and to change or update information at any time without prior notice.
The content presented on or through the Website is made available for general information purposes only and may include materials provided by third parties, including other users, bloggers, third party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in any third party materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials and do not necessarily reflect the opinion of Company. You hereby acknowledge that Company is not responsible or liable to you, or any third party, for the content or accuracy of any materials on the Website, including, without limitation, materials provided by any third parties.
Indemnity and release
Disclaimer of liability
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Information About You and Your Visits to the Website
© 2015 Encore1 Inc. All rights reserved.