RIGHTS GRANTED AND RESTRICTIONS ON USE:
Fifth Story grants to you a limited non-exclusive, non-transferable license to view, copy and print the material on this website (other than the design or layout of this website) for your non-commercial, personal use only. All copies that you make must retain all copyright and other notices that are on this website. Except as provided in the previous sentence, you may not use, distribute, sell, modify, transmit, revise, reverse engineer, republish, post or create derivative works (where applicable) of the trade-marks, trade names, logos, information, software or other material or content in this website (referred to collectively, as the “content” of this website) without Fifth Story’s prior written permission. You acknowledge and agree that this website and its content are the property of Fifth Story’s, or their respective service providers, suppliers or licensors and you will not acquire any rights or licenses in any trade-marks, patents, copyright or other intellectual property on this website or in its content. This website and its content are protected by copyright, both individually and as a collective work or compilation and by trademark law, patent law and any other applicable laws.
YOUR AUTHORITY TO USE THIS WEBSITE:
Disclaimer of warranties: Your use of this website is at your sole risk. Although the content has been obtained from sources believed to be reliable, this website could include technical or other inaccuracies or typographical errors and it is provided to you on an “as is” basis without warranties or representations of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Specifically, Fifth Story and our affiliates, licensors, service providers and suppliers disclaim all express and implied warranties and conditions of any kind, including, without limitation, representations, warranties or conditions regarding accuracy, timeliness, completeness, non-infringement, satisfactory quality, merchantability, merchantable quality or fitness for any particular purpose or those arising by law, statute, usage of trade, or course of dealing. We and our affiliates, licensors, service providers and suppliers assume no responsibility to you or any third party for the consequences of any errors or omissions. Fifth Story and our affiliates, licensors, service providers and suppliers do not warrant that the functions or the content contained in this website will meet your requirements or that the operation of this website will be uninterrupted or error-free, or that defects in the website can or will be corrected.
Limitation of liability: Your exclusive remedy with respect to any dispute with Fifth Story (including without limitation your use of this website) is to discontinue your use of the site. Fifth Story and its suppliers and agents shall not be liable for any indirect, special, incidental, consequential or exemplary damage arising from your use of this website or for any other claim related in any way to your use of this website. These exclusions for indirect, special, incidental, consequential or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if Fifth Story had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. In the event some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Fifth Story and its suppliers’ and agents’ liability in such province or jurisdiction shall be limited to the extent permitted by law. Fifth Story does not endorse, warrant or guarantee this website and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
We and our respective directors, officers, employees, or agents shall not, under any circumstances, be liable for any direct, consequential, incidental, indirect or special damages, of any kind, or any other damages whatsoever, including without limitation, those arising from any decision made or action taken by you in reliance upon the content or those resulting from loss of use, data or profits, whether resulting from the use of or inability to use any content on this website (or a website linked to this website), or any other cause; and even if caused by the negligence of us, our affiliates or any of our respective licensors’, service providers’ or suppliers’ negligence, and even if any of them has been apprised of the likelihood of such damages occurring.
As a convenience to our visitors, the Fifth Story and subsidiary sites may contain links to a number of Websites. The privacy policies and procedures described here do not apply to those Websites. You are solely responsible for contacting these Websites directly for information on their data collection and distribution policies and for any decision you make to visit other Websites. Your linking to such Websites or pages is at your own risk. We are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. Fifth Story provides these links merely as a convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for the content or uses of such Websites.
Unless you have a written agreement in effect with Fifth Story which states otherwise, you may only provide a hypertext link to the Fifth Story, and subsidiary sites, on another website, provided that (a) the link is a text-only link clearly marked; (b) the link “points” to a provided link by Fifth Story (c) the appearance, position and other aspects of the link is not such as to damage or dilute the goodwill associated with Fifth Story name and trade-marks; (d) the appearance, position and other aspects of the link does not create the false appearance that an entity is associated with or sponsored by any of us; (e) the link, when activated by a user, displays Fifth Story website full-screen and not within a “frame” on the linked website; and (f) Fifth Story reserves the right to revoke its consent to the link at any time in its sole discretion.
PRIVACY AND PROTECTING INFORMATION:
Fifth Story has reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control. However, complete confidentiality and security is not yet possible over the Internet. We assume no liability for any damages you may suffer as a result of interception, alteration or misuse of information transmitted over the Internet.
This website can be accessed from countries around the world other than Canada and may contain references to Fifth Story’s products, services, and programs that have not been announced in your country. These references do not imply that any of us intend to announce such products, services or programs in your country. We make no representation that the content on this website is appropriate or available for use in other locations, and accessing this website from territories where its content is illegal is prohibited. Those who choose to access this website from other locations do so, on their own initiative and their own risk and are responsible for compliance with local laws.
HOW TO CONTACT US:
If you have submitted personal information through the Fifth Story and/or subsidiary websites, and would like that information deleted from our records, please contact us at our email address, firstname.lastname@example.org. The personal information will be deleted or destroyed at your request.
COLLECTION, USE AND DISCLOSURE OF INFORMATION:
WHY WE COLLECT INFORMATION?
Personal Information: If you wish to register for any of Fifth Story’s services or products, including those services and products of our subsidiaries, you are asked to provide a variety of information, may include (a) mandatory contact information such as your name, postal code and email address, and (b) voluntary demographic information such as your year of birth, education level and household income. We use the information you provide about yourself to complete information requests to the extent necessary to operate the Fifth Story’s program and provide the required services. If, during any of our registration processes, you indicate that you would like to receive further information based upon your demographic information, or to receive additional information from companies you express interest in (or related organizations), those updates will be sent to you by e-mail.
E-mail addresses are used to send information based on your registered services and product selections and to respond to general inquiry requests. Such addresses are not used for any other purpose and are not shared with outside parties. If you decide at any time that you do not want to continue to receive the information or service for which you subscribed, you may log onto this website and cancel your subscription.
From time to time we may offer enhanced access to content and materials for visitors who wish to register for such enhanced access. Access to such enhanced services will be made available on a subscription basis. You will be required to acknowledge your acceptance of such enhanced services, and the terms and conditions of such services, at the time you register or subscribe for the enhanced access.
Automatic Data Collection (Anonymous Browsing): As with most Internet sites, the website collects a variety of technical data, including your IP address (a unique number that identifies your access account on the Internet), domain, and Web browser information. We do not log the specific identity of visitors. Technical data is used only to create broad demographic summaries of website usage and website activity (such as average time spent and pages viewed) to assist us in providing useful content that is tailored to be of most value to our users. For example, we use the information to: give the developers of the website information that is useful in determining appropriate new features, content, and services; and to provide advertisers, partners and clients with aggregate – not individual – information about our user base. Information about individual users is not shared with any third party.
Cookies: Our website may use “cookies”. This technology allows users to move more quickly through our site. Cookies are small text files that a website can use to recognize repeat users and facilitate the user’s ongoing access to and use of the site. For example, a cookie may store your password, or note your particular areas of interest. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. We do not record or store any information about your movements on the Internet outside of the Fifth Story website and the Websites of our subsidiaries. You can choose to decline our cookies (e.g., by setting your browser to reject cookies), but if you do, some parts of the website may not operate properly. Web logs are maintained by this website.
DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES:
The information we collect is helpful to us in the development of our service, but respect for our subscribers and viewers and their privacy rights motivates us to closely guard and protect that information. We do not share the individual information we gather on our website with third parties. Subscribers’ and viewers’ individual privacy rights out-weigh any other considerations in this regard. There are no exceptions to this third party non-disclosure policy, except as may be required or permitted by law or as otherwise set out below.
We may be required to disclose your personal information to: (i) respond to duly authorized information requests of police and governmental authorities; (ii) comply with any law, regulation, subpoena, or court order; (iii) help prevent fraud or to enforce or protect the rights and properties of the Fifth Story; (iv) protect the personal safety of Fifth Story employees and third parties on Fifth Story property.
Circumstances may arise where, whether for strategic or other business reasons, the Fifth Story may decide to sell, buy, merge or otherwise reorganize its business(es). Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is Fifth Story’s practice to seek appropriate protection for information in these types of transactions.
All personal information provided to us is securely stored on our servers. Fifth Story has reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control. However, complete confidentiality and security is not yet possible over the Internet. We assume no liability for any damages you may suffer as a result of interception, alteration or misuse of information that is transmitted or collected over the Internet.
LIMITS FOR COLLECTING, USING, DISCLOSING AND KEEPING PERSONAL INFORMATION:
We limit the type of mandatory information collected by us to only the personal information that is required to accomplish the identified purpose of operating Fifth Story’s various services, as well as responding to e-mail inquiries initiated by a service subscriber or website viewer. If you request that no further information relating to a service for which you have subscribed be sent to you by Fifth Story, the personal information in our records will be deleted or destroyed upon being notified of your request to do so. Personal information used in responding to general e-mail inquiries by subscribers and website viewers will also be deleted or destroyed when and if no further communication is anticipated with respect to the inquiry.
KEEPING PERSONAL INFORMATION ACCURATE AND UP-TO-DATE:
We keep personal information as accurate, complete, current and relevant as necessary for the identified purposes. An individual may challenge the accuracy and completeness of the personal information handled by us and has such information amended if the information is inaccurate or incomplete. An individual may also request access to their personal information. For these purposes, please contact Fifth Story at email@example.com.
April 11, 2014