Terms and Conditions. Please Read.
Terms of Service
USERS AND ADVERTISERS
These Terms of Service (this "Agreement") describe the legal relationship between You and Dick Dack, LLC (referred to in this Agreement as "we" or "us", both parties referred to collectively as "parties"), creators of the Manaconda.com Website (the "Website"). Please read this Agreement very carefully. By clicking inside the box above "Enter Manaconda" you accept the terms and conditions contained herein. Let us know about anything in this agreement that concerns you at webmaster@manaconda.com "You" are the individual who executes this Agreement.
1. Our Service. This is a Web site that depicts matter of a sexual nature and provides links to various websites. By accepting these terms, you confirm and represent that you are of legal age to enter into this Agreement. This Web site is not designed for use by anyone below the age of twenty-one (21) and anyone who permits (or facilitates) use of this Web Site by anyone below the age of twenty-one (21) is in express violation of this Agreement and may be subject to criminal prosecution. Your use of the service confirms such approval. We may add, delete or change some or all of the services provided as part of the Services or the Website at any time at our sole discretion. You are responsible for paying the Fees (if any) for the services provided by our Website. We may add, delete or change some or all of the services provided on our Website at any time at our sole discretion.
2. Use of Service. You may use this Service only for personal, noncommercial purposes. You may only download portions of the Site ("Content") for your personal, noncommercial use. You may not (a) reproduce, distribute, create derivative works of, publicly perform, publicly display or digitally perform or distribute in any way the Content of this Site; (b) use any trademarks, service marks or trade names incorporated on the Site; or (c) use the name and likeness of any individuals represented on the Site for any reason without the express written consent of Dick Dack, LLC.
3. Restrictions. If you are given the ability to display any Material on the Site, You may not post such Material to Manaconda.com or its servers or otherwise provide any material to Us hereunder that: (a) infringe on any third party's intellectual property right or right of publicity or privacy; (b) violate any law or regulation; (c) is defamatory, obscene, or child pornographic; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer routines designed or intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
4. Ownership of Material. Other than personally identifiable information, which is covered under the Privacy Policy, any material, information or other communication you provide to this Site ("Material") will be considered non-confidential and non-proprietary. We will have no obligations whatsoever with respect to the Material. We and our designees will be free to copy, disclose, distribute, incorporate and otherwise use the Material and all data, images, sounds, text, and other things embodied therein solely for the purpose of providing the services associated with our Website.
5. We do not independently verify any information on the Website that is collected from third party sources. We will have no liability related to any Material, whether or not arising from the laws of copyright, libel, privacy, obscenity, or otherwise. If we become aware of Material that violates these Terms, we retain the right to remove any Material that includes private information on other users and/or our employees, any material deemed abusive, defamatory, obscene or otherwise unacceptable. Any violation of the foregoing may result the revocation of your permission to use the Site or the Services in our sole discretion.
6. Termination. We can terminate this Agreement at any time for any reason by so notifying the other, and upon such termination You must terminate use of the Services. Sections 10-19 below survive termination. Notwithstanding the foregoing, we may terminate this Agreement immediately and without notice if: (a) You breach this Agreement, (b) You repeatedly infringe the intellectual property rights of a third party; or (c) any Material which You have posted violates any applicable laws.
7. License grant. To the extent necessary for us to provide the Services and operate the Site, subject to the terms of this Agreement, you hereby grant to Us a non-exclusive, perpetual, irrevocable, royalty-free license to (a) use, reproduce, distribute, create derivative works of, publicly display and digitally perform and distribute Material solely to provide the Services, and on or through the Website and to (b) use any trademarks, service marks or trade names incorporated in the Material (only in connection with the Material); and (c) use the name and likeness of any individuals represented in the Material (only in connection with the Material).
8. Representations and Warranties. You represent and warrant that (a) you have full right and power to enter into and perform this Agreement, and have secured all third party consents necessary to enter into this Agreement; (b) the Material does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; (c) the Material does not and will not violate any law, statute, ordinance or regulation; (d) the Material is not and will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) the Material is not and will not be obscene or child pornographic; (f) the Material does not and will not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) all factual assertions that you have made and will make to us are true and complete.
9. Restrictions. You shall comply with all laws and regulations applicable to your use of the Services, the Site, and any Material you upload or import onto, or stream through, our servers. Specifically, you shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and. We may take any action with respect to your Material if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. In particular, you are not permitted to use our name, URL, trademarks or other material in connection with "spam" e-mail messages or newsgroup postings. For the purposes of this Agreement, "spam" has the meaning generally understood among Internet users, and includes without limitation "unsolicited electronic mail advertisements" as that phrase is defined under California Business and Professions Code section 17538.45. You may not impose an unreasonable or disproportionately large load (as determined by us in light of the load imposed by other users generally) on our infrastructure. You may not use any "bot" or other automated repetitive or iterative mechanism or the like to gain any sort of benefit from us or any business partner of ours.
10. Digital Millennium Copyright Act. In the event We are notified of a possible violation of the "Digital Millennium Copyright Act," you will be sent, via e-mail, a list of the violation(s) as described to us. You will have 24 hours by which to remove the copyrighted material or provide a response to the allegations directly to the accusing party (with a copy to us). Unwillingness to address this matter may result in account termination, the deletion of the material in question, or the temporarily disconnection of service. Violations of the Digital Millennium Copyright Act may result in permanent account termination.
The designated agent for the DMCA is Brett Franklin at Manaconda.com.
11. Disclaimer. WE PROVIDE THE SERVICES AND THE SITE "AS IS." WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Site or the Services. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights, and you may also have other legal rights which vary from state to state.
12. Limited remedy; waiver of certain damages. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THE SITE OR THIS AGREEMENT. IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTIES EXCEED $100. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
13. Links to Other Web sites. Links to third party Web sites on this Site are provided as a convenience to you. If you use these links, you will leave the Site. We make no representation that we have reviewed such sites, and we do not control and are not responsible for any of these sites or their content. We therefore do not endorse or make any representation about them or any software, products, services, or other content or materials appearing thereon, or any results that may be obtained from your use of such software, products, services, or other content or materials. Your decision to access any third party site linked to on the Site is entirely at your own risk.
14. Export Compliance. By downloading any software or technical data from the Site, you assume responsibility for complying with applicable export/import laws and regulations and agree not to export or re-export this software or technical data without applicable export authorization. You may not export or re-export any software obtained from the Site or any copy or adaptation thereof in violation of any applicable laws or regulations. You may not download, export or re-export any software obtained from the Site outside the U.S. unless expressly permitted by Us. You agree not to download, export or re-export any software, or any copy or adaptation, or any direct product based on any software without proper U.S. government authorization to destinations not eligible for exports under license exception TSR.
15. Indemnity. You agree to indemnify and hold us and our customers and business partners harmless from all damages and costs, including attorneys' fees, arising out of or related to your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
16. Modifications. We may amend this Agreement at any time. We may display the amended terms to you when you access the Services or any part of the Site, in which case such terms shall be effective when displayed.
17. Policies and Conflict. Dick Dack, LLC has other policies that relate to specific issues, including the Privacy Policy ("Policies"). In the event of any conflict between these Terms and a Policy, this Agreement shall govern first and then the specific Policy. No terms presented on any purchase order, invoice or other written statement shall have any affect whatsoever.
18. Miscellaneous. This Agreement is governed in all respects by the laws of the State of California, excluding its conflict of law principles. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any cause of action relating to this Agreement shall be brought in a court in California, and the parties irrevocably submit to the exclusive personal jurisdiction of such courts. No agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. This Agreement and associated Policies set out on Manaconda.com set forth the entire understanding and Agreement between the parties with respect to the subject matter hereof and you agree that any and all oral, written or other agreements between the parties are hereby superseded. All notices, requests and other communications under this Agreement must be in writing and sent by postal mail (if to Manaconda.com) or if to you via e-mail messages to the address that you have last given us and shall be effective (a) for Us, 3 days following the date of mailing of such notice; (b) for You, 24 hours after we have sent the email to you.
How you can reach us. The Services hereunder are offered by Dick Dack, LLC, a California Limited Liability Company. You can reach us at PO Box 34677, Los Angeles, CA 90034. You may also reach us by e-mail at webmaster@manaconda.com
PRIVACY POLICY
* Welcome
* General Information Collected
* Personal Information Collected
* Cookies
* Children
* Links to Other Websites
* Security
* California Privacy Rights
* How to Contact Us
WELCOME
Thank you for visiting Manaconda.com ("Manaconda" or "Website") and reviewing our Privacy Policy. This Privacy Policy describes the information collected from visitors/users/customers of this Website and how this information is used. This Privacy Policy may change at any time, without prior notice to any visitor/user/customer. Please check this Privacy Policy periodically for changes. This Privacy Policy applies only to information that you provide to Dick Dack, LLC (referred to in this agreement as "we" or "us") online while visiting Manaconda.com, and does not apply to any information that Dick Dack, LLC has received, obtained or may obtain offline or through other traditional means. This Privacy Policy is subject to the terms and conditions as set forth in Dick Dack, LLC's Terms of Service.
YOU ARE HEREBY ADVISED THAT YOUR CONTINUED USE OF MANDACONDA.COM AND/OR SERVICES OR PRODUCTS PROVIDED BY DICK DACK, LLC CONSTITUTES YOUR ACCEPTANCE TO THIS PRIVACY POLICY, AND THE CURRENT AND PRIOR VERSIONS, AND ANY AMENDMENTS THERETO.
Your privacy is important to us! Dick Dack, LLC values its visitors/users/customers and is committed to protecting your privacy. We share your information only as described in this Privacy Policy. We have provided this Privacy Policy to assist you in understanding the information that we collect, how we use it, and the ways we maintain it, including the security of your personal information.
GENERAL INFORMATION COLLECTED
In order to enhance the content contained on this Website, we may gather and store certain information about your visit. "General Information" is information about you or your activities through which you cannot be identified. This information may include some or all of the following items:
1. The Internet Protocol ("IP") address of your Internet Service Provider ("ISP") and/or your computer, if it has its own static IP address. The domain name may also be collected. 2. The date, time, length of stay, and specific Manaconda web pages, images, documents or forms accessed at this Website. 3. Whether a visitor/user/customer is viewing the Website for the first time, or is a return visitor/user/customer. 4. The Uniform Resource Locator ("URL") of the website that referred the visitor/user/customer to Manaconda, and/or the search engine that referred a visitor/user/customer and any search strings or phrases entered into the search engine to find this Website. 5. Demographic information concerning the country of origin of the visitor/user/customer and language(s) used. 6. The type and version of the Internet browser used to visit this Website, the operating system on the visitor/user/customer's computer, and information regarding client errors viewing this Website.
We collect this General Information and may use it to generate aggregate statistics about visitors to the Website. In situations where it is possible to do so, General Information may be linked to Personal Information.
PERSONAL INFORMATION COLLECTED
"Personal Information" is information through which you can be identified. Personal Information that we may collect from you includes, but is not limited to your name and e-mail address(es). Personal Information by a visitor/user/customer is used by Dick Dack, LLC for internal verification to complete requested transactions, ensure appropriate legal use of our Website, and to help provide technical support and other information to Manaconda's visitors/users/customers.
Your Personal Information is collected from our Website, through e-mail and through your activities. Personal Information that we collect depends on the nature of your activities, including, but not limited to, whether you contact us through e-mail on our "Contact Form" page. For example, Personal Information submitted by you on the "Contact Form" web page is used by us to enhance this Website or to reply to questions/comments made by you.
We may also disclose your Personal Information if: (1) your information is subject to disclosure in response to judicial or governmental subpoenas, warrants, or orders served on Dick Dack, LLC; (2) your information is subject to disclosure to protect our rights or property, to enforce the provisions of this Privacy Policy and/or our Terms of Service, and/or to prevent harm to yourself or other; and (3) your information is subject to disclosure or transfer if we or our Website is sold or offered for sale to another entity or individual(s), a petition for relief is filed under U.S. Bankruptcy laws for or against us, or if we become subject to an order of appointment of a trustee or receiver.
We may purchase a business or sell one or more of its businesses and your Personal Information may be transferred as a part of the purchase or sale. In the event that we purchase a business, the Personal Information received with that business would be treated in accordance with this Privacy Policy, if it is practicable and permissible to do so. In the event that we sell a business, we will attempt to include provisions in the selling contract requiring the purchaser to treat your Personal Information in the same manner required by this Privacy Policy. Thus, any of your opt out requests will not affect our right to transfer your information to a purchaser in these circumstances. We reserve the right to transfer your Personal Information to a third party in the event of a transfer of all or substantially all of Dick Dack, LLC's assets to a third party, provided that the third party agrees to adhere to the terms of this Privacy Policy.
We may hire companies to help deliver products or services, like a shipping company that delivers a package or a company that helps fulfill prizes for a sweepstakes. In those instances, there is a need to share your information with these companies. We may also work with other companies who help either gather your information or communicate with you. Nonetheless, except as separately permitted by other provisions of this Privacy Policy, these companies are allowed to gather, receive, and use your information only for the purposes described herein or as required by law.
We may take your Personal Information and make it non-personally identifiable, either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-personalizing your information). Given the nature of this information, there are no restrictions under this Privacy Policy upon the right of Dick Dack, LLC to aggregate or de-personalize your Personal Information, and we may use and/or share with third parties the resulting non-personally identifiable information in any manner.
Unless legally required to do so, we will not sell, rent or otherwise disclose your Personal Information to any outside company or organization, except as described herein. This Privacy Policy excludes data that may be stored or transmitted to or from the Internet company hosting this Website.
COOKIES
The use of "cookies" is a standard practice among websites. A cookie is a small text file that is placed on your computer to uniquely distinguish your visit to a website. Cookies are most often used to track specific information regarding your activity on a particular website.
When you visit our Website, we place a cookie in a directory of your computer's hard drive. The information that cookies collect includes the date and time of your visit and your registration information. Cookies offer you many conveniences for our Website. For example, they allow us to recognize certain information, such as your browser type, so we know if you can view certain plug-ins like Macromedia Flash files. They also allow us to streamline your visit based on previous visits.
Cookies may be either permanent or temporary. This Website uses permanent cookies. This means that the cookie stays on your hard drive until you delete it. You can delete our cookie at any time by following the instructions contained in your browser's help file, or by contacting the company providing your browser's technical support. This Website does not use cookies to store information such as credit card numbers, telephone numbers, or any other sensitive Personal Information.
You may configure your browser to accept or deny cookies from this Website. However, disabling or denying cookies from this Website may render parts of it inaccessible or may cause certain web pages not to properly load. For more information on cookies or to further understand their use and benefits, please see the U.S. Department of Energy's Computer Incident Advisory Capability (CIAC) report at: http://www.ciac.org/ciac/bulletins/i-034.shtml.
CHILDREN
We do not knowingly solicit or collect information from persons younger than twenty-one (21) years of age. If you are the parent or guardian of a child under the age of eighteen (18) or the legal age of contract majority, and have authorized your child to use your computer, we urge you to instruct your child never to give out personally identifying information while on this Website. There are no computer applications on this Website which allow for the determination of the age of a visitor/user/customer. All information volunteered to us will be treated the same as information given by an adult of at least twenty-one (21) years of age. We recommend that the Internet browsing behavior of any child should be carefully supervised by a responsible adult at all times.
LINKS TO OTHER WEBSITES
This Website contains several links to other websites. Neither Dick Dack LLC, nor any of its officers, directors, partners, affiliates, subsidiaries, employees, agents, representatives, vendors or suppliers are responsible for the content, privacy policies, products, services, reliability, viewpoint, or accuracy of information on any such websites. Dick Dack LLC do not control and shall not be responsible for the collection of personal information by third party websites, including websites owned or controlled by our distributors, vendors and/or websites not controlled or authorized by Dick Dack LLC. Third party websites that are accessed through links on our Website have separate privacy policies. We have no responsibility or liability for the policies implemented by third parties on their websites. You should contact them directly to ask questions about their privacy policies.
If you enter or choose to leave our Website via links to other non-Manaconda websites (including those of our distributors or vendors), your visits to those websites are not covered by this Privacy Policy.
SECURITY
The security and confidentiality of your information is extremely important to us. We have implemented technical, administrative, and physical security measures to protect your information from unauthorized access and improper use. We make access to your Personal Information subject to certain security measures. From time to time, we review our security procedures in order to consider appropriate new technology and methods.
Please be aware though that no data transmission over the Internet can be guaranteed to be 100% secure, so while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information that you give to us.
We reserve the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any manner. Anyone using this Website expressly consents to such monitoring.
YOUR CALIFORNIA PRIVACY RIGHTS FOR RESIDENTS OF CALIFORNIA ONLY.
Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your Personal Information with third parties. If you reside in California and have provided your Personal Information to us, you may request information about our disclosures of certain categories of Personal Information to third parties for direct marketing purposes. Such requests must be submitted to us at one of the following addresses: http://www.manaconda.com/links.php or:
Address: Dick Dack, LLC, PO Box 34677, Los Angeles, CA 90034
Within thirty (30) days of receiving such a request, we will provide a list of the categories of Personal Information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this section.
HOW TO CONTACT US
If you have any questions or concerns about this Privacy Policy, you may contact us through any of the following means, however, please be sure to specify the reason for your communication.
E-mail: http://www.manaconda.com/links.php
U.S. Postal Mail: Dick Dack, LLC, PO Box 34677, Los Angeles, CA 90034
DATE LAST MODIFIED: June 15, 2008
This Privacy Policy may be changed at any time, without prior notice to any visitor/user/customer. Please check this Privacy Policy periodically for amendments and/or changes.
USERS AND ADVERTISERS
These Terms of Service (this "Agreement") describe the legal relationship between You and Dick Dack, LLC (referred to in this Agreement as "we" or "us", both parties referred to collectively as "parties"), creators of the Manaconda.com Website (the "Website"). Please read this Agreement very carefully. By clicking inside the box above "Enter Manaconda" you accept the terms and conditions contained herein. Let us know about anything in this agreement that concerns you at webmaster@manaconda.com "You" are the individual who executes this Agreement.
1. Our Service. This is a Web site that depicts matter of a sexual nature and provides links to various websites. By accepting these terms, you confirm and represent that you are of legal age to enter into this Agreement. This Web site is not designed for use by anyone below the age of twenty-one (21) and anyone who permits (or facilitates) use of this Web Site by anyone below the age of twenty-one (21) is in express violation of this Agreement and may be subject to criminal prosecution. Your use of the service confirms such approval. We may add, delete or change some or all of the services provided as part of the Services or the Website at any time at our sole discretion. You are responsible for paying the Fees (if any) for the services provided by our Website. We may add, delete or change some or all of the services provided on our Website at any time at our sole discretion.
2. Use of Service. You may use this Service only for personal, noncommercial purposes. You may only download portions of the Site ("Content") for your personal, noncommercial use. You may not (a) reproduce, distribute, create derivative works of, publicly perform, publicly display or digitally perform or distribute in any way the Content of this Site; (b) use any trademarks, service marks or trade names incorporated on the Site; or (c) use the name and likeness of any individuals represented on the Site for any reason without the express written consent of Dick Dack, LLC.
3. Restrictions. If you are given the ability to display any Material on the Site, You may not post such Material to Manaconda.com or its servers or otherwise provide any material to Us hereunder that: (a) infringe on any third party's intellectual property right or right of publicity or privacy; (b) violate any law or regulation; (c) is defamatory, obscene, or child pornographic; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer routines designed or intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
4. Ownership of Material. Other than personally identifiable information, which is covered under the Privacy Policy, any material, information or other communication you provide to this Site ("Material") will be considered non-confidential and non-proprietary. We will have no obligations whatsoever with respect to the Material. We and our designees will be free to copy, disclose, distribute, incorporate and otherwise use the Material and all data, images, sounds, text, and other things embodied therein solely for the purpose of providing the services associated with our Website.
5. We do not independently verify any information on the Website that is collected from third party sources. We will have no liability related to any Material, whether or not arising from the laws of copyright, libel, privacy, obscenity, or otherwise. If we become aware of Material that violates these Terms, we retain the right to remove any Material that includes private information on other users and/or our employees, any material deemed abusive, defamatory, obscene or otherwise unacceptable. Any violation of the foregoing may result the revocation of your permission to use the Site or the Services in our sole discretion.
6. Termination. We can terminate this Agreement at any time for any reason by so notifying the other, and upon such termination You must terminate use of the Services. Sections 10-19 below survive termination. Notwithstanding the foregoing, we may terminate this Agreement immediately and without notice if: (a) You breach this Agreement, (b) You repeatedly infringe the intellectual property rights of a third party; or (c) any Material which You have posted violates any applicable laws.
7. License grant. To the extent necessary for us to provide the Services and operate the Site, subject to the terms of this Agreement, you hereby grant to Us a non-exclusive, perpetual, irrevocable, royalty-free license to (a) use, reproduce, distribute, create derivative works of, publicly display and digitally perform and distribute Material solely to provide the Services, and on or through the Website and to (b) use any trademarks, service marks or trade names incorporated in the Material (only in connection with the Material); and (c) use the name and likeness of any individuals represented in the Material (only in connection with the Material).
8. Representations and Warranties. You represent and warrant that (a) you have full right and power to enter into and perform this Agreement, and have secured all third party consents necessary to enter into this Agreement; (b) the Material does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; (c) the Material does not and will not violate any law, statute, ordinance or regulation; (d) the Material is not and will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) the Material is not and will not be obscene or child pornographic; (f) the Material does not and will not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) all factual assertions that you have made and will make to us are true and complete.
9. Restrictions. You shall comply with all laws and regulations applicable to your use of the Services, the Site, and any Material you upload or import onto, or stream through, our servers. Specifically, you shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and. We may take any action with respect to your Material if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. In particular, you are not permitted to use our name, URL, trademarks or other material in connection with "spam" e-mail messages or newsgroup postings. For the purposes of this Agreement, "spam" has the meaning generally understood among Internet users, and includes without limitation "unsolicited electronic mail advertisements" as that phrase is defined under California Business and Professions Code section 17538.45. You may not impose an unreasonable or disproportionately large load (as determined by us in light of the load imposed by other users generally) on our infrastructure. You may not use any "bot" or other automated repetitive or iterative mechanism or the like to gain any sort of benefit from us or any business partner of ours.
10. Digital Millennium Copyright Act. In the event We are notified of a possible violation of the "Digital Millennium Copyright Act," you will be sent, via e-mail, a list of the violation(s) as described to us. You will have 24 hours by which to remove the copyrighted material or provide a response to the allegations directly to the accusing party (with a copy to us). Unwillingness to address this matter may result in account termination, the deletion of the material in question, or the temporarily disconnection of service. Violations of the Digital Millennium Copyright Act may result in permanent account termination.
The designated agent for the DMCA is Brett Franklin at Manaconda.com.
11. Disclaimer. WE PROVIDE THE SERVICES AND THE SITE "AS IS." WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the Site or the Services. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights, and you may also have other legal rights which vary from state to state.
12. Limited remedy; waiver of certain damages. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THE SITE OR THIS AGREEMENT. IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTIES EXCEED $100. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
13. Links to Other Web sites. Links to third party Web sites on this Site are provided as a convenience to you. If you use these links, you will leave the Site. We make no representation that we have reviewed such sites, and we do not control and are not responsible for any of these sites or their content. We therefore do not endorse or make any representation about them or any software, products, services, or other content or materials appearing thereon, or any results that may be obtained from your use of such software, products, services, or other content or materials. Your decision to access any third party site linked to on the Site is entirely at your own risk.
14. Export Compliance. By downloading any software or technical data from the Site, you assume responsibility for complying with applicable export/import laws and regulations and agree not to export or re-export this software or technical data without applicable export authorization. You may not export or re-export any software obtained from the Site or any copy or adaptation thereof in violation of any applicable laws or regulations. You may not download, export or re-export any software obtained from the Site outside the U.S. unless expressly permitted by Us. You agree not to download, export or re-export any software, or any copy or adaptation, or any direct product based on any software without proper U.S. government authorization to destinations not eligible for exports under license exception TSR.
15. Indemnity. You agree to indemnify and hold us and our customers and business partners harmless from all damages and costs, including attorneys' fees, arising out of or related to your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
16. Modifications. We may amend this Agreement at any time. We may display the amended terms to you when you access the Services or any part of the Site, in which case such terms shall be effective when displayed.
17. Policies and Conflict. Dick Dack, LLC has other policies that relate to specific issues, including the Privacy Policy ("Policies"). In the event of any conflict between these Terms and a Policy, this Agreement shall govern first and then the specific Policy. No terms presented on any purchase order, invoice or other written statement shall have any affect whatsoever.
18. Miscellaneous. This Agreement is governed in all respects by the laws of the State of California, excluding its conflict of law principles. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any cause of action relating to this Agreement shall be brought in a court in California, and the parties irrevocably submit to the exclusive personal jurisdiction of such courts. No agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. This Agreement and associated Policies set out on Manaconda.com set forth the entire understanding and Agreement between the parties with respect to the subject matter hereof and you agree that any and all oral, written or other agreements between the parties are hereby superseded. All notices, requests and other communications under this Agreement must be in writing and sent by postal mail (if to Manaconda.com) or if to you via e-mail messages to the address that you have last given us and shall be effective (a) for Us, 3 days following the date of mailing of such notice; (b) for You, 24 hours after we have sent the email to you.
How you can reach us. The Services hereunder are offered by Dick Dack, LLC, a California Limited Liability Company. You can reach us at PO Box 34677, Los Angeles, CA 90034. You may also reach us by e-mail at webmaster@manaconda.com
PRIVACY POLICY
* Welcome
* General Information Collected
* Personal Information Collected
* Cookies
* Children
* Links to Other Websites
* Security
* California Privacy Rights
* How to Contact Us
WELCOME
Thank you for visiting Manaconda.com ("Manaconda" or "Website") and reviewing our Privacy Policy. This Privacy Policy describes the information collected from visitors/users/customers of this Website and how this information is used. This Privacy Policy may change at any time, without prior notice to any visitor/user/customer. Please check this Privacy Policy periodically for changes. This Privacy Policy applies only to information that you provide to Dick Dack, LLC (referred to in this agreement as "we" or "us") online while visiting Manaconda.com, and does not apply to any information that Dick Dack, LLC has received, obtained or may obtain offline or through other traditional means. This Privacy Policy is subject to the terms and conditions as set forth in Dick Dack, LLC's Terms of Service.
YOU ARE HEREBY ADVISED THAT YOUR CONTINUED USE OF MANDACONDA.COM AND/OR SERVICES OR PRODUCTS PROVIDED BY DICK DACK, LLC CONSTITUTES YOUR ACCEPTANCE TO THIS PRIVACY POLICY, AND THE CURRENT AND PRIOR VERSIONS, AND ANY AMENDMENTS THERETO.
Your privacy is important to us! Dick Dack, LLC values its visitors/users/customers and is committed to protecting your privacy. We share your information only as described in this Privacy Policy. We have provided this Privacy Policy to assist you in understanding the information that we collect, how we use it, and the ways we maintain it, including the security of your personal information.
GENERAL INFORMATION COLLECTED
In order to enhance the content contained on this Website, we may gather and store certain information about your visit. "General Information" is information about you or your activities through which you cannot be identified. This information may include some or all of the following items:
1. The Internet Protocol ("IP") address of your Internet Service Provider ("ISP") and/or your computer, if it has its own static IP address. The domain name may also be collected. 2. The date, time, length of stay, and specific Manaconda web pages, images, documents or forms accessed at this Website. 3. Whether a visitor/user/customer is viewing the Website for the first time, or is a return visitor/user/customer. 4. The Uniform Resource Locator ("URL") of the website that referred the visitor/user/customer to Manaconda, and/or the search engine that referred a visitor/user/customer and any search strings or phrases entered into the search engine to find this Website. 5. Demographic information concerning the country of origin of the visitor/user/customer and language(s) used. 6. The type and version of the Internet browser used to visit this Website, the operating system on the visitor/user/customer's computer, and information regarding client errors viewing this Website.
We collect this General Information and may use it to generate aggregate statistics about visitors to the Website. In situations where it is possible to do so, General Information may be linked to Personal Information.
PERSONAL INFORMATION COLLECTED
"Personal Information" is information through which you can be identified. Personal Information that we may collect from you includes, but is not limited to your name and e-mail address(es). Personal Information by a visitor/user/customer is used by Dick Dack, LLC for internal verification to complete requested transactions, ensure appropriate legal use of our Website, and to help provide technical support and other information to Manaconda's visitors/users/customers.
Your Personal Information is collected from our Website, through e-mail and through your activities. Personal Information that we collect depends on the nature of your activities, including, but not limited to, whether you contact us through e-mail on our "Contact Form" page. For example, Personal Information submitted by you on the "Contact Form" web page is used by us to enhance this Website or to reply to questions/comments made by you.
We may also disclose your Personal Information if: (1) your information is subject to disclosure in response to judicial or governmental subpoenas, warrants, or orders served on Dick Dack, LLC; (2) your information is subject to disclosure to protect our rights or property, to enforce the provisions of this Privacy Policy and/or our Terms of Service, and/or to prevent harm to yourself or other; and (3) your information is subject to disclosure or transfer if we or our Website is sold or offered for sale to another entity or individual(s), a petition for relief is filed under U.S. Bankruptcy laws for or against us, or if we become subject to an order of appointment of a trustee or receiver.
We may purchase a business or sell one or more of its businesses and your Personal Information may be transferred as a part of the purchase or sale. In the event that we purchase a business, the Personal Information received with that business would be treated in accordance with this Privacy Policy, if it is practicable and permissible to do so. In the event that we sell a business, we will attempt to include provisions in the selling contract requiring the purchaser to treat your Personal Information in the same manner required by this Privacy Policy. Thus, any of your opt out requests will not affect our right to transfer your information to a purchaser in these circumstances. We reserve the right to transfer your Personal Information to a third party in the event of a transfer of all or substantially all of Dick Dack, LLC's assets to a third party, provided that the third party agrees to adhere to the terms of this Privacy Policy.
We may hire companies to help deliver products or services, like a shipping company that delivers a package or a company that helps fulfill prizes for a sweepstakes. In those instances, there is a need to share your information with these companies. We may also work with other companies who help either gather your information or communicate with you. Nonetheless, except as separately permitted by other provisions of this Privacy Policy, these companies are allowed to gather, receive, and use your information only for the purposes described herein or as required by law.
We may take your Personal Information and make it non-personally identifiable, either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-personalizing your information). Given the nature of this information, there are no restrictions under this Privacy Policy upon the right of Dick Dack, LLC to aggregate or de-personalize your Personal Information, and we may use and/or share with third parties the resulting non-personally identifiable information in any manner.
Unless legally required to do so, we will not sell, rent or otherwise disclose your Personal Information to any outside company or organization, except as described herein. This Privacy Policy excludes data that may be stored or transmitted to or from the Internet company hosting this Website.
COOKIES
The use of "cookies" is a standard practice among websites. A cookie is a small text file that is placed on your computer to uniquely distinguish your visit to a website. Cookies are most often used to track specific information regarding your activity on a particular website.
When you visit our Website, we place a cookie in a directory of your computer's hard drive. The information that cookies collect includes the date and time of your visit and your registration information. Cookies offer you many conveniences for our Website. For example, they allow us to recognize certain information, such as your browser type, so we know if you can view certain plug-ins like Macromedia Flash files. They also allow us to streamline your visit based on previous visits.
Cookies may be either permanent or temporary. This Website uses permanent cookies. This means that the cookie stays on your hard drive until you delete it. You can delete our cookie at any time by following the instructions contained in your browser's help file, or by contacting the company providing your browser's technical support. This Website does not use cookies to store information such as credit card numbers, telephone numbers, or any other sensitive Personal Information.
You may configure your browser to accept or deny cookies from this Website. However, disabling or denying cookies from this Website may render parts of it inaccessible or may cause certain web pages not to properly load. For more information on cookies or to further understand their use and benefits, please see the U.S. Department of Energy's Computer Incident Advisory Capability (CIAC) report at: http://www.ciac.org/ciac/bulletins/i-034.shtml.
CHILDREN
We do not knowingly solicit or collect information from persons younger than twenty-one (21) years of age. If you are the parent or guardian of a child under the age of eighteen (18) or the legal age of contract majority, and have authorized your child to use your computer, we urge you to instruct your child never to give out personally identifying information while on this Website. There are no computer applications on this Website which allow for the determination of the age of a visitor/user/customer. All information volunteered to us will be treated the same as information given by an adult of at least twenty-one (21) years of age. We recommend that the Internet browsing behavior of any child should be carefully supervised by a responsible adult at all times.
LINKS TO OTHER WEBSITES
This Website contains several links to other websites. Neither Dick Dack LLC, nor any of its officers, directors, partners, affiliates, subsidiaries, employees, agents, representatives, vendors or suppliers are responsible for the content, privacy policies, products, services, reliability, viewpoint, or accuracy of information on any such websites. Dick Dack LLC do not control and shall not be responsible for the collection of personal information by third party websites, including websites owned or controlled by our distributors, vendors and/or websites not controlled or authorized by Dick Dack LLC. Third party websites that are accessed through links on our Website have separate privacy policies. We have no responsibility or liability for the policies implemented by third parties on their websites. You should contact them directly to ask questions about their privacy policies.
If you enter or choose to leave our Website via links to other non-Manaconda websites (including those of our distributors or vendors), your visits to those websites are not covered by this Privacy Policy.
SECURITY
The security and confidentiality of your information is extremely important to us. We have implemented technical, administrative, and physical security measures to protect your information from unauthorized access and improper use. We make access to your Personal Information subject to certain security measures. From time to time, we review our security procedures in order to consider appropriate new technology and methods.
Please be aware though that no data transmission over the Internet can be guaranteed to be 100% secure, so while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information that you give to us.
We reserve the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any manner. Anyone using this Website expressly consents to such monitoring.
YOUR CALIFORNIA PRIVACY RIGHTS FOR RESIDENTS OF CALIFORNIA ONLY.
Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your Personal Information with third parties. If you reside in California and have provided your Personal Information to us, you may request information about our disclosures of certain categories of Personal Information to third parties for direct marketing purposes. Such requests must be submitted to us at one of the following addresses: http://www.manaconda.com/links.php or:
Address: Dick Dack, LLC, PO Box 34677, Los Angeles, CA 90034
Within thirty (30) days of receiving such a request, we will provide a list of the categories of Personal Information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this section.
HOW TO CONTACT US
If you have any questions or concerns about this Privacy Policy, you may contact us through any of the following means, however, please be sure to specify the reason for your communication.
E-mail: http://www.manaconda.com/links.php
U.S. Postal Mail: Dick Dack, LLC, PO Box 34677, Los Angeles, CA 90034
DATE LAST MODIFIED: June 15, 2008
This Privacy Policy may be changed at any time, without prior notice to any visitor/user/customer. Please check this Privacy Policy periodically for amendments and/or changes.
I DECLINE THE TERMS & CONDITIONS AND WISH TO GO ELSEWHERE
ICRA / RTB / ASACP