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POLICY
STATEMENT
The
Site accessible at www.octagon-book.com, which is owned
and operated by Zuffa, LLC (hereinafter referred to as "we",
"our", or "us"). The purpose of this
privacy policy is to disclose to you what information we
may collect, how we may collect it, with whom we may share
it, and certain other matters related to such information,
including the choices you have regarding our collection
of information and our use and disclosure to other parties
of information we may have collected from you.
TYPES
OF INFORMATION THAT MAY BE COLLECTED
The following are the types of information we may collect:
Information
You Provide Us
Personal information that you provide to us, such as your
user ID and password, name, email address, telephone number,
physical address, birth date, gender or zip code or other
information may be collected via the Site.
Site
Usage Information
We may receive and store certain types of information whenever
you visit the Site. For example, we may collect click-stream
data and your IP address.
Email
Communications
When you open emails from the Site, we may receive a confirmation
noting you opened an email from us, if your computer supports
such capabilities. We also may keep track of what emails
we send you and what emails you may be receiving from us
and our subsidiaries and affiliates. Additionally, we keep
a record of what types of emails you have opted to and not
to receive.
Information
from Other Sources
We may receive information about you from other sources
and add it to your personal information.
HOW
INFORMATION MAY BE COLLECTED
We may collect information from you in several different
areas on the Site, including but not limited to those described
below:
Registration
You may be asked first to complete a registration form and
provide personally identifiable information; you may also
be asked to choose a user ID and password in order to take
advantage of certain features the Site may choose to offer,
including, but not limited to, Newsletters, Contests, Forums,
Fantasy or other subscription-based services.
Newsletters
and Site Emails
We may offer free newsletters to share information with
you about the Site, about us and our affiliates and subsidiaries,
or about our business partners and advertisers and sponsors.
You may receive a newsletter either by registering for a
particular newsletter or in conjunction with a special feature
or membership for which you have registered on the Site.
You may cancel your free email subscription by following
the instructions provided on the Site or, in some instances,
in the designated area of certain newsletters or emails.
Cookies
As with many Websites, the Site uses standard technology
called "cookies," which are small data files that
are transferred to your computer when you allow your browser
to accept cookies. Cookies automatically identify your Web
browser to the Site whenever you visit the Site, and make
using the Site easier for you by saving your passwords,
purchases, and preferences. By tracking how and when you
use the Site, cookies help us determine which areas are
popular and which are not. Many improvements and updates
to the Site are based on data obtained from cookies. Accepting
cookies allows you, among other things, to personalize your
experience on the Site. Cookies may also allow the Site
to present to you advertising which may be of interest to
you. If you do not want information collected through the
use of cookies, you generally can opt out of providing this
information by turning the cookies off in your browser;
however, some areas of the Site may not provide you with
a personalized experience if you have disabled the use of
cookies.
IP
Addresses and Click-stream Data
We may collect IP addresses and/or click-stream data for
purposes of system administration and to report aggregate
information to our advertisers and sponsors. An IP address
is a number that is automatically assigned to your computer
whenever you access the Internet. Our computers identify
your computer by its IP address. When you request Web pages
from the Site, our computers log your IP address. Click-stream
data is information collected by our computers when you
request Web pages from the Site. Click-stream data may include
such information as the page served, the time, the source
of the request, the type of browser making the request,
the preceding page view and other such non-personal information.
When analyzed, this data helps us analyze how visitors arrive
at the Site, what type of content is most popular, what
type of visitors in the aggregate are interested in particular
kinds of content and advertising, and the like.
Transaction
Information
If you order any information from our Site, buy any of our
products or subscribe for any of the services offered on
our Site, we will ask you to complete an order form that
will request certain information from you, including financial
information such as a credit card number and expiration
date and general contact, billing and shipping information.
We will use this information to complete the transaction
that you have requested, i.e., to deliver the information,
products or other services that you order, and to invoice
you. Such information is collected and stored through encrypted
means for your protection.
HOW
WE USE THE INFORMATION COLLECTED
We own the information collected via this Site. As applicable,
the information you provide to us may be used to:
contact you about the Site;
contact you relating to your membership status;
confirm or fulfill an order you have made;
monitor or improve the use of the Site;
customize the advertising and content you see;
monitor compliance with our terms and conditions
of use of the Site;
provide special offers to you from us and/or their
respective affiliates and subsidiaries and other third parties;
send you promotional material on behalf of our business
partners;
inform you of a prize you have won.
WITH WHOM THE INFORMATION MAY BE SHARED
At times, we may share your personally identifiable information
with others for various purposes. The following outlines
the ways in which your information may be shared with others:
Agents: We employ other businesses, certain services
and individuals to perform functions on our behalf. Examples
include fulfilling orders, sending e-mail, removing repetitive
information from customer lists, Site analysis, analyzing
data, providing marketing assistance, processing credit
card payments, and providing customer service. These entities
have access to personally identifiable information needed
to perform their functions, but may not use it for other
purposes.
Aggregate
Information:
We may share aggregate information such as demographics
and Site usage statistics with advertisers, sponsors or
other organizations. When this type of information is shared,
the other parties do not have access to your personally
identifiable information.
Opt-in
and Opt-out Programs:
Throughout the Site you may be presented with opportunities
to receive special offers from third parties. An opt-in/opt-out
message will ask you if you would like your information
to be shared. If you do choose to have your information
shared, in an effort to protect you, third parties who have
access to personally identifiable information must abide
by the current Site privacy policy. However, we are not
responsible for the privacy practices of these other companies,
and you should review the privacy practices of such Web
sites prior to providing your personally identifiable information.
Partners
Subsidiaries and Affiliates:
We may share your information (including, without limitation,
personally identifiable information) with our subsidiaries
and affiliates.
Business
Transfers:
The Site may be sold along with its assets, or other transactions
may occur in which your personally identifiable information
is one of the business assets transferred. In such a case,
your personally identifiable information, which we have
gathered, may be one of the business assets we transfer.
Legal
Process:
In the event we are required to respond to subpoenas, court
orders or other legal process your personally identifiable
information may be disclosed pursuant to such subpoena,
court order or legal process, which may be without notice
to you.
Links
to Other Web Sites
This privacy policy applies only to this Site. When you
are on the Site you could be directed to other sites beyond
our control. For example, if you "click" on a
banner advertisement, the "click" may take you
off the Site onto a different Web site. This includes links
from advertisers, sponsors and others that may use the Sites
logo as part of a cobranding agreement. These other Web
sites may send their own cookies to you, independently collect
data or solicit personal information and may or may not
have their own published privacy policies. If you visit
a Website that is linked to our Site, you should consult
that sites privacy policy before providing any personal
information.
SECURITY
This Site incorporates reasonable safeguards to protect
the security, integrity, completeness, accuracy and privacy
of the personal information that we may collect and we have
put into place reasonable precautions to protect such information
from loss, misuse and alteration. Certain personally identifiable
information, such as credit card information, is transferred
to our computers utilizing encryption software. Only those
employees who need access to your information in order to
do their jobs are allowed access. Our security policies
are reviewed periodically and revised as required.
A
SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY
The Site is a general audience site. We do not currently
collect any personal information from children under the
age of thirteen on the Site. If in the future, we knowingly
collect personally identifiable information from children,
we will do so in compliance with the Children's Online Privacy
Protection Act of 1998 (15 U.S.C. 6501 et seq.) including,
without limitation, obtaining necessary parental consents.
NOTIFICATION
OF CHANGES AND YOUR ACCEPTANCE OF THE PRIVACYPOLICY
By using this Site, you signify your agreement to the terms
of this privacy policy. If we decide to change or update
this privacy policy, we will post the change or update here.
If at any point we decide to use personally identifiable
information in a manner different from that stated at the
time it was collected, we will notify you by way of an email
or some other means. Your continued use of the Site shall
constitute your acceptance of such revised privacy policy.
CORRECTION/UPDATING
PERSONAL INFORMATION
If your personally identifiable information (such as your
address) changes, or if you no longer desire to access our
Site, you may correct, update or remove the personal data
you have provided to us by making changes to your profile,
by using an opt out message in an email, or by emailing
member Sites at christy@octagon-book.com
with your request. If you have any questions about this
privacy policy or the privacy practices of this Site, you
can contact: christy@octagon-book.com
Disclaimers
ZUFFA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE
OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED,
OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE
OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND
ITS CONTENT ARE DELIVERED ON AN AS-IS AND AS-AVAILABLE
BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO
CHANGE WITHOUT NOTICE. ZUFFA CANNOT ENSURE THAT ANY FILES
OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF
VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ZUFFA
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. ZUFFA DISCLAIMS ANY
AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF
ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR
USE OF THE SITE AND/OR ANY ZUFFA SERVICES. YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
YOUR SOLE REMEDY AGAINST ZUFFA FOR DISSATISFACTION WITH
THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY
SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE
BARGAIN BETWEEN THE PARTIES.
The
above disclaimer applies to any damages, liability or injuries
caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer
virus, communication line failure, theft or destruction
of or unauthorized access to, alteration of, or use, whether
for breach of contract, tort, negligence or any other cause
of action.
Zuffa
reserves the right to do any of the following, at any time,
without notice: (1) to modify, suspend or terminate operation
of or access to the Site, or any portion of the Site, for
any reason; (2) to modify or change the Site, or any portion
of the Site, and any applicable policies or terms; and (3)
to interrupt the operation of the Site, or any portion of
the Site, as necessary to perform routine or non-routine
maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Zuffa be
liable to you for any indirect, consequential, exemplary,
incidental or punitive damages, including lost profits,
even if Zuffa has been advised of the possibility of such
damages.
If,
notwithstanding the other provisions of these Terms of Use,
Zuffa is found to be liable to you for any damage or loss
which arises out of or is in any way connected with your
use of the Site or any Content, Zuffas liability shall
in no event exceed the greater of (1) the total of any subscription
or similar fees with respect to any service or feature of
or on the Site paid in the six months prior to the date
of the initial claim made against Zuffa, or (2) US$100.00.
Some jurisdictions do not allow limitations of liability,
so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Zuffa, its officers, members,
directors, shareholders, predecessors, successors in interest,
employees, agents, subsidiaries and affiliates, harmless
from any demands, loss, liability, claims or expenses (including
attorneys fees), made against Zuffa by any third party
due to or arising out of or in connection with your use
of the Site.
Violation
of These Terms of Use
Zuffa may disclose any information we have about you (including
your identity) if we determine that such disclosure is necessary
in connection with any investigation or complaint regarding
your use of the Site, or to identify, contact or bring legal
action against someone who may be causing injury to or interference
with (either intentionally or unintentionally) Zuffas
rights or property, or the rights or property of visitors
to or users of the Site, including Zuffas customers.
Zuffa reserves the right at all times to disclose any information
that Zuffa deems necessary to comply with any applicable
law, regulation, legal process or governmental request.
Zuffa also may disclose your information when Zuffa determines
that applicable law requires or permits such disclosure,
including exchanging information with other companies and
organizations for fraud protection purposes.
You
acknowledge and agree that Zuffa may preserve any transmittal
or communication by you with Zuffa through the Site or any
service offered on or through the Site, and may also disclose
such data if required to do so by law or Zuffa determines
that such preservation or disclosure is reasonably necessary
to (1) comply with legal process, (2) enforce these Terms
of Use, (3) respond to claims that any such data violates
the rights of others, or (4) protect the rights, property
or personal safety of Zuffa, its employees, users of or
visitors to the Site, and the public.
You
agree that Zuffa may, in its sole discretion and without
prior notice, terminate your access to the Site and/or block
your future access to the Site if we determine that you
have violated these Terms of Use or other agreements or
guidelines which may be associated with your use of the
Site. You also agree that any violation by you of these
Terms of Use will constitute an unlawful and unfair business
practice, and will cause irreparable harm to Zuffa, for
which monetary damages would be inadequate, and you consent
to Zuffa obtaining any injunctive or equitable relief that
Zuffa deems necessary or appropriate in such circumstances.
These remedies are in addition to any other remedies Zuffa
may have at law or in equity.
You
agree that Zuffa may, in its sole discretion and without
prior notice, terminate your access to the Site, for cause,
which includes (but is not limited to) (1) requests by law
enforcement or other government agencies, (2) a request
by you (self-initiated account deletions), (3) discontinuance
or material modification of the Site or any service offered
on or through the Site, or (4) unexpected technical issues
or problems.
If Zuffa
does take any legal action against you as a result of your
violation of these Terms of Use, Zuffa will be entitled
to recover from you, and you agree to pay, all reasonable
attorneys fees and costs of such action, in addition
to any other relief granted to Zuffa. You agree that Zuffa
will not be liable to you or to any third party for termination
of your access to the Site as a result of any violation
of these Terms of Use.
Governing
Law; Jurisdiction
You agree that all matters relating to your access to or
use of the Site, including all disputes, will be governed
by the laws of the State of Nevada, USA.
This
Agreement has been delivered at and shall be deemed to have
been made and entered into in Las Vegas, Nevada.
Accordingly,
the rights and liabilities of the parties shall be determined
in accordance with the laws of the State of Nevada, without
regard to its principles of conflicts of laws.
The
parties agree that the exclusive jurisdiction and venue
for the resolution of any dispute arising from or relating
to this Agreement shall lie in the Eighth Judicial District
Court for the State of Nevada, sitting in Las Vegas, Nevada.
Each
party irrevocably consents to the service of process in
any such dispute if served in accordance with the notice
provisions contained herein.
Void
Where Prohibited
Zuffa administers and operates the www.Zuffa.com Site from
its location in Cupertino, California USA; other Zuffa sites
may be administered and operated from various locations
outside the United States. Although the Site is accessible
worldwide, not all features, products or services discussed,
referenced, provided or offered through or on the Site are
available to all persons or in all geographic locations,
or appropriate or available for use outside the United States.
Zuffa reserves the right to limit, in its sole discretion,
the provision and quantity of any feature, product or service
to any person or geographic area. Any offer for any feature,
product or service made on the Site is void where prohibited.
If you choose to access the Site from outside the United
States, you do so on your own initiative and you are solely
responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any
copy or adaptation of such Content, or any product or service
offered on the Site, in violation of any applicable laws
or regulations, including without limitation United States
export laws and regulations.
If any
of the provisions of these Terms of Use are held by a court
or other tribunal of competent jurisdiction to be void or
unenforceable, such provisions shall be limited or eliminated
to the minimum extent necessary and replaced with a valid
provision that best embodies the intent of these Terms of
Use, so that these Terms of Use shall remain in full force
and effect. These Terms of Use constitute the entire agreement
between you and Zuffa with regard to your use of the Site,
and any and all other written or oral agreements or understandings
previously existing between you and Zuffa with respect to
such use are hereby superseded and cancelled. Zuffa will
not accept any counter-offers to these Terms of Use, and
all such offers are hereby categorically rejected. Zuffas
failure to insist on or enforce strict performance of these
Terms of Use shall not be construed as a waiver by Zuffa
of any provision or any right it has to enforce these Terms
of Use, nor shall any course of conduct between Zuffa and
you or any other party be deemed to modify any provision
of these Terms of Use. These Terms of Use shall not be interpreted
or construed to confer any rights or remedies on any third
parties.
Zuffa
provides access to Zuffa international data and, therefore,
may contain references or cross references to Zuffa products,
programs and services that are not announced in your country.
Such reference does not imply that Zuffa in your country
intends to announce such products, programs or services.
Feedback
and Information
Any feedback you provide at this site shall be deemed to
be non-confidential. Zuffa shall be free to use such information
on an unrestricted basis.
The
information contained in this web site is subject to change
without notice.
Copyright © 2007 Zuffa LLC.
All
rights reserved.
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