By signing up for the Digital Factory™ service (“Service”) or any of the services of Kraftwürx® Inc. (“Kraftwürx®”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at here. Kraftwürx®reserves the right to update and change the Terms of Service by posting updates and changes to the Digital Factory™ website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You acknowledge that Digital Factory™ will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Digital Factory™ cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your Digital Factory™ account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Digital Factory™ will result in an immediate termination of your services.
- Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- Upon completion of sign up for the Service, Digital Factory™ will use an existing PayPal account OR create a PayPal Express Checkout account on your behalf, using your email address.
- You acknowledge that PayPal will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them.
- Technical support is only provided to paying account holders and is only available via email.
- You may not use the Digital Factory™ service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Digital Factory™.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Digital Factory™ or Digital Factory™ trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to email@example.com.
- You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
The Digital Factory™ service and its software, systems and intellectual property belong to Kraftwurx®, Inc. You are not allowed to misuse, steal, abuse or misappropriate our system or services for nefarious purposes or any illegal purpose.
Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
4. Digital Factory™ Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Store Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Digital Factory™ customer, Digital Factory™ employee, member, or officer will result in immediate account termination.
- Digital Factory™ does not pre-screen your content and it is in our sole discretion to refuse or remove any Content that is available via the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Digital Factory™ employees and contractors may also be Digital Factory™ customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- Digital Factory™ retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Digital Factory™ reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at any time.
In the event of an ownership dispute over a Digital Factory™ account, we can freeze the account or transfer it to the rightful owner.
5. Limitation of Liability
- You expressly understand and agree that Digital Factory™ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Digital Factory™ or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Digital Factory™ partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of 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.
- Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- Digital Factory™ does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Digital Factory™ does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Digital Factory™ does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
6. Waiver and Complete Agreement
The failure of Digital Factory™ to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Digital Factory™ and govern your use of the Service, superseding any prior agreements between you and Digital Factory™ (including, but not limited to, any prior versions of the Terms of Service).
If Digital Factory™ chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Digital Factory™ don't apply if they conflict with these terms.
7. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the Digital Factory™ service. All material you upload remains yours. You can remove your Digital Factory™ store at any time by deleting your account. This will also remove all content you have stored on the Service.
- By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow Digital Factory™ to display and store your Store Content; and (c) that Digital Factory™ can, at any time, review all the Store Content submitted by you to its Service.
- You retain ownership over all Store Content that you upload to a Digital Factory™ store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
- You retain ownership over all content that you submit to a Digital Factory™ store however, by making your store public, you agree to allow others to view your content.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
Anything you upload remains yours and your responsibility. If you want to remove your content, just delete your account.
8. Theme Store
- You may establish the appearance of your Digital Factory™ store with a design template from Digital Factory’s Theme Store (“a Theme”). If you use a Theme, you are licensed to use it for a single store only per paid account. You are free to transfer a Theme to a second one of your own stores if you close your first store. You are not permitted to transfer or sell a Theme to any other person’s store on Digital Factory™ or elsewhere. Multiple stores require multiple downloads and each download is subject to the applicable fee. Digital Factory™ gives no assurance that a particular Theme will remain available for additional downloads.
- You may modify the Theme to suit your store. Digital Factory™ may add or modify the footer that refers to Digital Factory™ at its discretion. Digital Factory™ may modify the Theme where it contains, in our sole discretion, an element that may be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any person’s intellectual property, even if you received the Theme in that condition. Digital Factory™ may modify the Theme to reflect technical changes and updates as required.
- The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and Digital Factory™ may take administrative action such as modifying your store or closing your store.
- Technical support for a Theme is the responsibility of the designer, and Digital Factory™ accepts no responsibility to provide such support. Digital Factory™ may be able to help you contact the designer.
- It is the responsibility of the user, and not Digital Factory™, to ensure that the installation of a new theme does not overwrite or damage the current or pre-existing theme, or UI, of the user.
You can purchase our Themes to use for one store at a time. Feel free to modify our Theme, but respect that the designers own their Themes, so don’t infringe on their rights. For Theme-related problems, contact the designer. Note that Themes may disappear over time and are subject to change.
9. Digital Factory™ Services Provided by 3rd Parties
- Digital Factory™ may at its discretion maintain an online directory of independent third parties ("Experts") that can help you build and operate your Digital Factory™ store. Digital Factory™ does not employ these individuals or companies and is in no way affiliated with them.
- Digital Factory™ does not endorse these service providers and takes no responsibility for any work performed by Experts or failure to fulfill a work order. Links to websites of Experts, announcements about services or offers, and responses to email inquiries regarding their services, are provided solely for informational purposes at the discretion of Digital Factory™ and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
- Under no circumstances shall Digital Factory™ be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and Digital Factory™ experts. These limitations shall apply even if Digital Factory™ has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
Experts are not employees of Digital Factory™ and we are not responsible for them.
10. Payment of Fees
- A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
- The service will be billed in 30 day intervals or annually. When your billing period is over the Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the account page of your Digital Factory™ administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
- All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- If you are a resident of the United States, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Digital Factory’s products and services. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to fees for such products and services and will be billed to the credit card you use to pay for the products and services. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of Digital Factory’s products and services, including without limitation, your subscription to or purchase of Digital Factory’s ecommerce services, point-of-sale kiosks services, point-of-sale equipment, apps, Themes and domains (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- Digital Factory™ does not provide refunds.
For live payment gateways, a valid credit card is required. You will be billed every 30 days and have 2 weeks to pay. Tax is not included and will be billed to your credit card. If you’re exempt from Canadian taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds.
11. Cancellation and Termination
- You may cancel your account at any time by emailing support@DigitalFactory3d.com and then following the specific instructions indicated to you in Digital Factory's response.
- Once cancellation is confirmed, all of your Store Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
- If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
- We reserve the right to modify or terminate the Digital Factory™ service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Digital Factory™ may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
To initiate a cancellation, email support@Digitalfactory3d.com. Digital Factory™ will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, all your content will be permanently deleted, and domains purchased through Digital Factory™ will no longer be automatically renewed. If you cancel in the middle of the month, you’ll have one last email invoice.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
12. Modifications to the Service and Prices
- Prices for using Digital Factory™ are subject to change upon 30 days’ notice from Digital Factory™. Such notice may be provided at any time by posting the changes to the Digital Factory™ Site (DigitalFactory3d.com) or the administration menu of your Digital Factory™ store via an announcement.
- Digital Factory™ reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
- Digital Factory™ shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at any time, without liability.
13. Optional Tools
- Digital Factory™ may provide you with access to third party tools over which Digital Factory™ neither monitors nor has any control or input.
- You acknowledge and agree that Digital Factory™ provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Digital Factory™ shall have no liability whatsoever arising from or relating to your use of optional third party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
- Digital Factory™ strongly recommends that merchants seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates merchants should charge end users.
We are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand.
14. DMCA Notice and Takedown Procedure
Digital Factory™ supports the protection of intellectual property and asks Digital Factory™ merchants to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Digital Factory’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure
Digital Factory™ respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.
For everyone else this means,
If you believe one of our merchants is infringing your intellectual property rights, you can send Digital Factory™ a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.
16125 Cypress Rosehill Rd.
Cypress, TX 77429
BEFORE YOU CLICK ON THE “I ACCEPT” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON OR USING THE SERVICES, YOU AND THE BUSINESS ENTITY THAT YOU REPRESENT ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE BUSINESS ENTITY YOU REPRESENT. YOU HEREBY COVENANT TO ENSURE THAT ALL USERS THAT GAIN ACCESS TO THE SERVICES AND/OR THE SERVICES FROM YOU ARE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT CLICK “I ACCEPT” AND YOU WILL NOT BE PERMITTED TO ACCESS AND/OR USE THE SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES IS ALSO SUBJECT TO THE TERMS AND CONDITIONS OF USE OF THE WEBSITE(S) THROUGH WHICH YOU ACCESS THE SERVICES, AS SUCH TERMS AND CONDITIONS OF USE MAY CHANGE FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE TO COMPLY IN ALL RESPECTS WITH ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT AND ANY TERMS AND CONDITIONS SET FORTH ON THE WEBSITES.
(b) Scope of Services. We may offer You different tiers of Services. You have the option to sign up for our free Services or You may sign up for paid Services. We may offer different benefits to our free Service subscribers or to subscribers who pay for our Services, and we reserve the right to change our Service offerings and pricing from time to time. Our tiers of Services may set a maximum amount of storage, a maximum amount of server time usage, restrictions on priority of server usage, restrictions on timing of server usage, customer support parameters, limitations on privacy settings (“Privacy Settings”), limitations on collaborators, and other types of limitations as we may decide to offer from time to time, and the tiers of Services you choose to subscribe to from our offerings (the “Scope of Services”). If you exceed your Scope of Services, we will notify you via the contact information that you provide to us (the “Registration Information”) regarding the matter, and you will have the option to sign up for a higher Scope of Services. If you do not promptly accept a higher Scope of Services, we will limit your Scope of Services to the amount that you have signed up for, which may entail not allowing additional usage of Services or other actions.
(c) Subscription Periods. Lagoa may offer subscription periods of varying lengths to Customers, and Customer may sign up for sequential subscription periods (collectively, the “Subscription Period”). Depending on your Scope of Services, a longer Subscription Period may result in a discount on the Scope of Services. Lagoa will bill or invoice Customer no more frequently than once per Subscription Period at the start of the Subscription Period, unless otherwise agreed to with Customer. After the end of the Subscription Period, we are under no obligation to maintain Customer’s or its Collaborators’ Renderings. We will notify Customer of the end of the Subscription Period at the Registration Information that Customer provided us prior to the end of the Subscription Period, but we cannot guarantee that Customer’s Renderings will be maintained if Customer allows a Subscription Period to expire.
(e) Customer Support. Lagoa may provide user training to employees of Customer or to Collaborators of Customer via online or in-person training sessions, and such training may be at an additional charge, depending on the Scope of Services. If the Scope of Services provides for help desk support, Lagoa will also use good faith efforts to make available help desk support to Customer’s administrators with Administrative Logins. The Scope of Services may also specify a level of customer support to be provided to additional users, and, to the extent it does, Lagoa will make good faith efforts to provide such support.
(b) Fees. If You are a Collaborator, any fee arrangements for your access to the Customer’s project are between You and the applicable Customer.
(c) Restrictions. You shall not, and shall not permit any person or entity to: (i) use the Services on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of the Services; (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from, the Services or any software component of the Services; (iv) use, or allow the use of, the Services for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; and (v) act in a fraudulent, tortious, malicious, or negligent manner when using the Services; provided that, notwithstanding clause (i) above, Customer may permit its Collaborators to access and use the Services solely for the benefit of that Customer.
(f) Suggestions. If You provide any feedback, improvements or other suggestions (collectively, “Suggestions”) to Lagoa for improvements to the Services or related services, You hereby grant to Lagoa a non-exclusive, royalty-free, perpetual, irrevocable license under such Suggestions to exploit and distribute the Suggestions in connection with the Services or other services, except as may be otherwise agreed in writing.
(g) Improper Activities. You agree that You will not, and will not authorize or facilitate any attempt by another person to use our Website, including without limitation any Renderings, to: (a) transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Lagoa; (b) use a name or language that Lagoa, in its sole discretion, deems offensive; (c) post defamatory statements or images; (d) post hateful or offensive content or content that disparages any ethnic, racial, sexual, gender, religious, or other group; (e) post content that depicts or advocates the use of illegal drugs; (f) post content that characterizes violence as acceptable, glamorous or desirable; (g) post content which infringes another’s copyright, trademark or trade secret; (h) post unsolicited advertising or unlawfully promote products or services; (i) harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity; (j) impersonate another person or company; (k) promote, solicit, or participate in any multi-level marketing or pyramid schemes; (l) exploit children under 18 years of age; (m) engage in disruptive activity; (n) introduce viruses, worms, Trojan horses and/or harmful code to the Website; (o) obtain unauthorized access to any computer system through the Website; (p) invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age); (q) solicit personal information from children under 13 years of age; (r) violate any federal, state, local, or international law or regulation; or (s) encourage conduct that would constitute a criminal or civil offense. In addition, you may not use automated scripts to collect information or otherwise interact with our Services or the Website. Lagoa reserves the right to consider other conduct to be prohibited; this section is intended to be illustrative.
(b) To Collaborators: You may have warranties from a Customer pursuant to a separate agreement.
(c) By Customers or Collaborators. Customer and Collaborators each represent and warrant to Lagoa that such party has the right to submit or use any intellectual property which such party has submitted or used for the Services or to create the Renderings.
Lagoa does not warrant or represent that the Services will be error-free or uninterrupted or secured, except that Lagoa will implement the security measures set forth on the Website from time to time.
(d) Disclaimers. You acknowledge that the Renderings are not verified by Lagoa, and that any visualizations of the Renderings obtained through the Services may contain inaccuracies that may have been introduced by You or a Collaborator. Use of the Services is at Your sole risk and discretion. Lagoa and its suppliers and licensors are not liable or responsible for any results generated through the use of the Services or Renderings. EXCEPT AS SET FORTH IN THIS SECTION 6, WE PROVIDE NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON–INFRINGEMENT.
Version March 29th, 2013
© TeamUp Technologies, Inc.
In general, you can browse the Website without telling us who you are or revealing any Personal Information about yourself. We collect and store information, including Personal Information , that is voluntarily supplied to us by you when registering for the Website. You can choose not to provide us with certain information, but by doing so, you may not be able to take advantage of many of our features and functionality. We use Personal Information to deliver the Website to you, to improve our services, including without limitation advertising to certain of our users and to develop analytics and aggregated data that allows us and affiliates of our Website to use our Website. During registration, you are required to give truthful contact information (such as name and email address) in accordance with our Terms of Service available during registration. As part of becoming a Customer of our Services, you will have to select the Scope of Services appropriate to your needs from our offerings, provide contact information and select login information for your users as well as those of Collaborators, if any, though you can provide us with some of the information after you have registered. If you are a Collaborator, the Customer associated with your account will have provided us with your name, user name, as well as other Personal Information as part of the registration process; we pass through the information provided by the Customer whose information appears in the email inviting you as a Collaborator and it is your responsibility to be sure that the Customer is someone with whom you want to collaborate. Once you give us your Personal Information or the Customer associated with your account gives us your Personal Information, you are no longer anonymous to us.
By using our Website or our Services, you indicate your consent for Lagoa and our affiliates to send cookies to your computer in order to uniquely identify your browser and improve the quality of our services; you may turn off cookies in your browser though, in doing so, some or all of our Services may not work. For a description of how cookies work, please see the section entitled “Cookies” below.
We use a third-party tracking service that uses log files and cookies, see below, to track non- Personal Information about visitors to the Website in the aggregate. This service captures usage and volume statistics to improve our Website and Services.
We may use the log files to provide you with details regarding your usage of our service, including without limitation page view counts, download statistics, render times or application usage times.
We may use both session ID and persistent cookies.
A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.
We may set a persistent cookie to store your password, so you do not have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our Website.
If you reject cookies, you may still use our Website, but your ability to use some areas of our Website, including some of our Services, may be limited.
We may use clear gifs in our HTML-based emails to let us know which emails recipients have opened. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you would like to opt-out of these emails, please see “Choice and Opt-out.”
We may use Embedded Scripts, which are programming code that collects information about your interactions with the Website, such as the links you click on. The code is temporarily downloaded onto your computer or other device from our server or a third party provider and is deactivated or deleted when you disconnect from the Website. In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.
You have the option to provide demographic information (such as income level and preferred language of communication) to us; we encourage you to submit this information so we can provide you a more personalized experience on our Website.
We constantly strive to tailor our Website to the needs of our users. If we have not yet localized the Website in the language of your country, the default language will be English.
We use this information for billing purposes and to fill your ongoing subscription. If we have trouble processing your subscription request, we will use this information to contact you.
We encourage you to provide accurate Personal Information in part because we may not be able to preserve your data if we are not able to contact you.
We do not share your profile with other third parties, without first obtaining your permission.
We do not link aggregate user data with Personal Information.
For more information about our third-party advertisers, or to learn more about the choices available to you regarding this anonymous information, please contact firstname.lastname@example.org.
We may also provide non-personally identified information or aggregated information that does not identify you, to other parties for marketing, advertising, or other uses.
If you no longer wish to receive our newsletter and promotional communications, if any, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at email@example.com. We may offer an opportunity to opt-out of certain communications on the Website, or you may contact us at firstname.lastname@example.org.
You will be notified when your Personal Information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.
If a Customer signed you up as a Collaborator, but you do not wish to be a Collaborator, you can delete all Personal Information that you or the Customer provided to us by contacting us at email@example.com or using functionality provided through the Website.
We encourage you to be aware when you leave the Website and to read the privacy policies of each and every website that collects Personal Information. If you use a social media account to log into our Website, that social media company may pass your social media account user id to us, but it will not pass other personal information to us; we may associate a pre-existing account you have with our Website with a social media account if you use a social media account to log into our Website.
Please keep in mind that whenever you voluntarily make your Personal Information or other private information available for viewing by third parties online – for example on blogs, discussion forums, or other community posting or social networking websites – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.
We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
If you have any questions about security on our Website, you can email us at firstname.lastname@example.org.
Teens are required to provide the email address of a parent or guardian before submitting any Personal Information. A notification message is sent to the parent or guardian of all guests who identify themselves as being between 13 and 17 years of age, which discloses the information provided by the teen and allows the parent or guardian to be aware of and participate in the teen’s online experience.
Effective Date: March 29th, 2013.
• Data centers are housed in nondescript facilities.
• Data center access monitored and logged via video surveillance, intrusion detection systems, and other electronic means.
• Physical access controlled by professional security staff.
• Data center access is limited to authorized AWS staff.
• AWS Staff pass through two-factor authentication a minimum of two times.
• Access Logs are audited routinely to ensure only authorised personnel have accessed the Data center floor.
• Intrusion detection system is monitoring network traffic for early detection of abnormal access patterns.
• Security patches are applied regularly.
• Backup machine images regularly generated and transmitted over a secure connection to multiple data centers. This ensures immediate disaster recovery if the need arises.
Regularly scheduled 3rd party penetration testing ensures system security and validation.
• A 24x7x365 incidence response team guarantees immediate response.
Configure access to Lagoa Applications and Application data.
Configure access to user Data and Assets.
• Configure login policies:
Secure password policy.
Password expiration policy.
2 factor authentication.
• The Lagoa Authentication Layer logs all activity and user access as part of a comprehensive audit trail and reporting functionality.
Likewise, all communication between servers is protected and encrypted with industry standard SSH encryption.
Uploaded user files are stored securely across multiple data centers within a region and multiple machines at each data center. Checksums are calculated on all network traffic to detect corruption of data packets when storing or retrieving data.
• Every server type that Lagoa uses has a backup available in case of software or hardware error which is ready to be provisioned at a moment’s notice.