ELsMystERy.com Terms of Use and Privacy Policy
Last updated: June 20, 2011, 9:29 pm
Terms of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
These terms of use may be revised at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Use License
A copy of the materials (information or software) on this site may be stored on your computer in the form of cache. This cache is used by your browser to load content when viewing this site. Any stored copy of this site may be accessed for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on EL's MystERy's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
Copyrights
All content on and related to this site, including source code, graphics, multimedia, interface design, customized open source content and customized public domain content, including uniquely modified images from the Hubble telescope, is copyrighted and owned exclusively by Crater Rock Music, LLC, unless otherwise noted. Under federal law, copyrighted content, whether, or not it has been registered with the U.S. Library of Congress, or any other existing copyright registrar, may not be used, reproduced, distributed, sold, leased, displayed, or published in any form without written permission from Crater Rock Music, LLC, unless otherwise noted. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a fine of $250,000.
Trademarks
"EL's MystERy" is a registered trademark (USPTO #3974495) of Tony Belcastro and Crater Rock Music, LLC. "ELs MystERy", "Els Mystery", "elsmystery", "elsmystery.com", "ELsMystERy.com" and any other form of the phrase, in any font, case, or language, with or without spaces, punctuation, or graphics, including the EL's MystERy logo, are trademarks of Tony Belcastro and Crater Rock Music, LLC. Other trademarks are the properties of their respected owners. Unauthorized use, or modification, in whole, or in part, of any trademark found on this site is strictly prohibited and constitutes a trademark infringement.
User Submitted Content
Members may be able to submit content to this site in the forms of website links (URLs), images, text, or other content that is not considered personal information. You agree to not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Crater Rock Music, LLC and ELsMystERy.com the royalty-free rights to publish and redistribute such content.
You agree not to use any portion of this website to submit, post or otherwise make available any content or material or, as applicable, to engage in any conduct or activity, that:
- is unlawful, harmful to adults or minors, threatening, abusive, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or otherwise interferes with the ability of others to enjoy the site;
- harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity; contains unauthorized advertising or solicits other users;
- is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Content on this website;
- impersonates any person or entity, including, but not limited to, a site employee or another user, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- includes personal or identifying information about another person without that person's explicit consent;
- is false, deceptive, misleading, or deceitful;
- violates any local, state, national or international law(s);
- otherwise violates these Terms of Use.
We have the right to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Use, or is otherwise unacceptable or inappropriate. Violation of the terms may result in termination, or suspension of member accounts, or limited access to the site.
Mailing List
When signing up for use of this site you are also given the option to join our mailing list. You may unsubscribe from the mailing list at any time from the MY ACCOUNT interface, or by following the instructions at the bottom of each newsletter. However, unsubscribing from the mailing list will NOT automatically cancel your ELsMystERy.com membership; you will continue to receive system messages and announcements related to your account.
Cancelling Your Membership
You can cancel your ELsMystERy.com membership at any time by clicking the CANCEL MY ACCOUNT link at the bottom of the MY ACCOUNT interface . By cancelling your account you also forfeit any right, or license to use any material downloaded from this site as part of your membership; all such material in your possession must be destroyed. Cancelling your membership will automatically unsubscribe you from the mailing list and permanently delete all of the information that you have provided us. Furthermore, your access to this site will be limited to that of a non-registered user.
ELsMystERy.com reserves the right to cancel your account at any time, for any reason, without notice.
Downloads
Downloads on this site, inlcuding desktop wallpaper and ringtones, are provided for your own personal use and may not be shared, or redistributed without prior written permission from Crater Rock Music, LLC. Redistribution will be considered a copyright infringement.
Illegal Activities
DO NOT make any attempts to hack, or disassemble this site, or any content available on it. No flooding, hacking, spoofing, spamming, or phishing is permitted on this site and will be handled as would any other cyber crimes.
Anything that interrupts the normal use of this site by legitimate visitors is strictly prohibited. DO NOT connect to this site through proxy servers in an effort to conceal your IP address, or host information for these purposes.
Disclaimer and Limitations
The materials on ELsMystERy.com are provided "as is". EL's MystERy, makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties, or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, EL's MystERy does not warrant, or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials, or on any sites linked to this site.
This may contain links to other websites, resources or services, including without limitation sponsor web sites, social networking websites, and payment processing services. Although we actively try to maintain a high standard regarding the content that we recommend, or make availlable to our visitors, ELsMystERy.com has no control over such websites, resources or services. You acknowledge and agree that ELsMystERy.com is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any promotion, content, advertising, products, services or other materials on, or available from such external sites. You view third party sites at your own risk.
The materials appearing on ELsMystERy.com could include technical, typographical, or photographic errors. EL's MystERy does not warrant that any of the materials on this web site are accurate, complete, or current. EL's MystERy may make changes to the materials contained on this web site at any time without notice. EL's MystERy does not, however, make any commitment to update the materials.
In no event shall EL's MystERy, Crater Rock Music, LLC, or their suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on this site, even if EL's MystERy, Crater Rock Music, LLC, or an authorized representative of either has been notified orally, or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Any claim relating to this web site shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions.
Facebook Integration
Certain features of this site are connected with Facebook through the Facebook API. You are not required to use these features, however, if you use them you must agree to the Facebook Statement of Rights and Responsibilities.
Our Privacy Policy
Information Gathered
We collect information from you when you register on our site, subscribe to our newsletter, fill out a form, or update your account.
The following information is automatically gathered from our website visitors:
IP address (Your IP address: 38.107.179.210)
Host information (Your host information: 38.107.179.210)
Browser information (Your browser information: CCBot/1.0 (+http://www.commoncrawl.org/bot.html))
We collect and store the following personal information upon registering with this site:
- A valid email address
- First name
- Last name
- Location (city/county, state/province and country)
- Gender
- Date of birth
ELsMystERy.com members who are not connected through Facebook.com can make changes to their information at any time on the MY ACCOUNT interface after logging in. Facebook.com members need to edit their Facebook profile information for changes to appear on this site. Facebook members may de-authorize ELsMystERy.com at any time, through their Facebook application settings.
During the registration process the latitude and longitude of the city, or county you live in is automatically retrieved by geocoding your location. This information is used to place a marker on our members map. You can edit the position of the marker at any time, as long as it is within the location specified in their accounts. ELsMystERy.com has no control over where the markers are actually placed and they are not placed on the actual address of the member, unless the latitude and longitude associated with your location are the same as those retrieved from the geocoding process.
Facebook members are also given the option to join the EL's MystERy street team.
All personal information is considered CONFIDENTIAL.
Once registered, members can submit a personal website URL to be included on a members links page.
Who has Access to this Information
Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent. The information that you submit to, or through this site is for internal use only. Your personal information is only accessible by the server administrator, webmaster and also the CEO of Crater Rock music, LLC.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Cyber crimes will be reported to the FBI. The IP address, host information and any other personal information we store will be provided to law enforcement officials if necessary, without the need for a subpoena or court order.
When using the maps features, which are provided by Google Maps, some non-identifying information, such as your city, state and country, may be shared with Google. Please read for more information.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Our Use of the Gathered Information
As with most sites, user activity is logged to help us keep track of performance data, referrers and certain problems with the site, such as dead links, or other errors. Additional tracking is handled by Google Analytics. Google Analytics Privacy Overview.
The information we collect is used as follows:
Your IP address, host and browser information is used to help us provide the best experience possible by allowing us to analyze connection data, as well as the various browser technologies used to interact with this site. It is also used to assist us in providing support for difficulties connecting to, or using this site.
Your email address is used to send you our newsletter and important notifications regarding your membership, or the status of this site. It is also used as a username to help identify you. Your email address is not stored in cookies, or displayed on insecure pages on this site. The email address you provide will only be used to send you information and updates pertaining to your account. At any time, you may unsubscribe from the mailing list by following the instructions at the bottom of each newsletter, and/or cancel your account by clicking CANCEL MY ACCOUNT at the bottom of the MY ACCOUNT interface.
Your first and last names are primarily used to help verify your identity when logging in and personalize your experience on the site. Your last name is not stored in cookies, or displayed on insecure pages on this site.
Your location information is used to provide us with some demographic data about the locations of our members and to provide dynamic content that may be relevant to your location. It is also used to determine the coordinates of the countries, or localities of our users for the placement of markers on a map. In such case, no marker placed on any publicly viewable map will contain personal information collected by this site, or reveal the user it is connected to.
Your date of birth is required to make sure that we are in compliance with the Children's Online Privacy Protection Act of 1998. It is also used to personalize your experience on the site and to help us create music, or content that will appeal to the average age group of the majority of people using this site. Your date of birth is not stored in cookies, or displayed on insecure pages on this site.
Protecting your Personal Information
Several methods are utilized on this site to safeguard the information you submit, including data encryption and Secure Socket Layers (SSL) for the transmission of data through forms that you submit. Secure pages display the following Positive SSL logo and/or a plus (+) sign in the title of the page dialogue.
Some secure pages may cause your browser to display error messages, or notifications if they are importing data, such as map controls, from insecure sites. This is not a compromise in security, as no personal information is transmitted to those sites.
You can help to keep your account information secure by not sharing it with others, or letting others access your account.
Third Party Links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Our Use of Cookies
Our website makes use of cookies which are small digital files that are stored in your web browser that enable us to track your return visits to our website. Some of these cookies are used to automatically sign you in to members only areas of the site.
We do NOT store any of your personal information in our cookies and our cookies can only be retrieved by ELsMystERy.com.
Your browser settings may allow you to block these cookies, but we recommend you have them enabled to help us personalise your experience of our website. If you do disable cookies in your browser, you will need to temporarily enable them to sign on to the site and access member only areas.
Changes to our Terms of Use, or Privacy Policy
If we decide to change our terms of use, or privacy policy, we will post those changes on this page, send an email notifying you of any changes, and/or update the late updated date atthe top of the page.
Contacting Us
If there are any questions regarding these terms of use, or our privacy policy you may contact us using the information below.
Crater Rock Music, LLC
PO Box 7034
Hampton, VA 23666
UNITED STATES OF AMERICA