Last MODIFIED: January 1, 2020
2. What Information Do We Collect?
We may receive information about you from various sources, including your use of the App generally. The information we gather enables us to personalize, improve and continue to operate the App and to provide you with the services and information you request. In connection with certain aspects of the App, we may request, collect and/or display some of your Personal Information.
3. Our Use of Your Personal Information
We have the right to use Personal Information to:
By using the App, you opt-in to receive non-marketing notifications. from us, including changes to features of the App, newsletters, promotions and special offers. You may choose to opt out of receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us HERE. Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
If you opt out, of such periodic messages, we still have the right to send you non-marketing emails. Non-marketing emails include emails about your Account and our business dealings with you. We also reserve the right to contact you when we believe it is necessary, such as for Account recovery purposes or as required by law.
4. Sharing Information with Third Parties
We shall have the right to share Personal Information in response to a valid law enforcement request or legal process, to protect our rights and property or those of third parties, or as otherwise permitted or required by law. We reserver the right to transfer Personal Information if we sell our business or some or all of our assets to another company in connection with a business merger or acquisition. We will require the recipient to notify you in advance of any material changes to the way in which information that identifies you personally will be used.
Additionally, in the following circumstances, we reserve the right to disclose your Personal Information without your consent:
5. Protecting Your Information
We take the security of your Personal Information very seriously, and have implemented policies and procedures, including technical measures, that are designed to help safeguard it. Please remember that you play a valuable part in security as well. While we strive to use best practices to protect your Personal Information, the Internet and computer technology is not 100% secure and we cannot absolutely ensure the security of any Personal Information that you provide to us. Therefore, we cannot guarantee your absolute security when using our App.
6. Compromise of Personal Information
We will promptly notify you if we have reason to believe your Personal Information has been compromised. Notwithstanding the foregoing, CTG shall not be liable for any unintentional disclosure or a disclosure that occurs due to a security breach of our systems or facilities. You hereby release and discharge CTG, its employees, agents, licensees, successors and assigns from any and all claims, demands or causes of actions that you may have for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or violation of any other right or claim arising out of or relating to any of the rights granted herein.
8. How to Contact Us
LAST MODIFIED: January 1, 2020
1. Acceptance of Terms
For purposes of this Agreement, the terms “we,” “us” and “our” refer to CTG Entertainment, LLC. “You” refers to visitors to and users of the App (collectively, “users”).
2. Use of the App
Any rights not expressly granted to you herein are reserved to CTG. You agree not to use or access the App through any technology or means other than as permitted on the App or other explicitly authorized means we expressly designate. You are responsible for obtaining any equipment and Internet and phone service necessary to access our services and for paying any fees for the equipment and service you select.
Your use of and access to the App, even as expressly authorized hereunder, is not guaranteed. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the App, without notice or liability to you or any third party. We may alter, suspend, or discontinue this App or support for the App, or any other application or widget, in whole or in part, at any time and for any reason, without notice or liability to you or any third party. The App may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
3. User Rules of Conduct
Further, as a condition of your use of our App, you shall not:
4. User Account
We will not be responsible for any losses or damage arising out of the unauthorized use of your Account. You may not sell or transfer your account, or otherwise allow any third party to use your Account for any purpose. You must notify us promptly in the event of any unauthorized use of your Account or any other security breach. You agree that we have the unrestricted right to store and use the registration data you provide for use in maintaining your Account.
5. Ownership of App Materials
Unless otherwise stated, CTG and/or its third party licensees own all rights, title and interest in and to the App software, Device Data, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the App, including, without limitation, the selection, sequence and “look and feel” and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “App Materials”).
Unless the context clearly requires otherwise or we explicitly say so in writing, the term “App” includes “App Materials” as well. In some cases the copyright and/or trademark for text or images on this App may be held by someone other than CTG. All rights are reserved on such material and permission to use them must be requested from the copyright owner.
You must not alter, delete or conceal any copyright or other notices contained on the App, including notices on any App Materials you download, transmit, display, print, modify or reproduce from the App. Any unauthorized or prohibited use of any App Materials may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws.
6. Disclaimer and Limitation of Liability
Under no circumstances will CTG be liable for any loss or damage caused by your reliance on information in any Content on this App. All text, images, sounds, files and other information on or accessible from this App are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In no event will CTG be liable to any user of this App or any other person or entity for any direct, special, incidental, consequential, exemplary or other indirect damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorized access to or use or misuse of the App or any campaign, or any donation made via the app, whether based upon warranty, contract, tort (including negligence), or otherwise, even if CTG has been advised of the possibility of such damages or losses.
YOU ASSUME ALL RISKS THAT THE APP IS SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY FILES OR APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE APP ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA.
7. Governing law
8. Notification Procedures
9. Force Majeure
CTG shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of CTG, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond CTG’s reasonable control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
10. Entire Agreement
Under California Civil Code Section 1789.3, California users of the App receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Apps of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210.