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terms and conditions // privacy policy

Privacy Policy

Last MODIFIED: October 1, 2018

 

This Privacy Policy (“Privacy Policy”) (together with our Terms of Use available at http://www.brushmedia.com/dailysage/terms.html) explains how CTG Entertainment, LLC (“CTG”) may collect, use and disseminate your information obtained from the App.  The term “App” means CTG’s "Daily Sage" application for mobile devices, and related content, software, applications, widgets, materials and/or services made available by CTG. For purposes of this Privacy Policy, the terms “we,” “us” and “our” refer to CTG. “You” refers to you, as a user of the App.

 

We respect and are committed to maintaining the privacy of all users of the App. Your use of the App indicates that you accept our Privacy Policy and Terms of Use available at http://www.brushmedia.com/dailysage/terms.html, and consent to our collection, storage, use and disclosure of your personal information and other information as described in this Privacy Policy. Any capitalized terms that are not defined in this Privacy Policy have the meaning defined in our Terms of Use.

 

 

1.   Scope of Privacy Policy

This Privacy Policy covers the collection, treatment and use of any information gathered when you are using or accessing the App, including any information that personally identifies you (“Personal Information”). This Privacy Policy also covers our treatment of any information that our business partners share with us or that we share with our business partners.

 

This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services or applications (“Third Party App”) that you elect to access through the App or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third Party Apps that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Apps. We encourage you to carefully review the privacy policies of any Third Party App you access.

 

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:

  • customize the content or advertisements you receive when you use the App, and otherwise improve your experience on our App;

  • analyze and improve our services, which may include tracking traffic, usage, and navigation patterns related to your activities on the App and the links we provide to Third Party Apps or advertisements;

  • secure your Account and prevent fraud; and

  • protect our or third party rights or interests.

 

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:

 

  • if we believe there is a serious and imminent threat to the life, health or safety of yourself or another person (for example, if we learn that a person is suffering abuse or has made statements of an intent to commit self-harm or harm another);

  • to investigate or report on activity which we believe on reasonable grounds to be unlawful;

  • if disclosure is required or authorized by law (for example, in response to a subpoena or where a regulatory authority has the power to request the provision of certain records or information);

  • if disclosure is reasonably necessary to enable an enforcement body to perform its functions, for example the prevention, detection, investigation, prosecution or punishment of criminal offenses, or the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal; or

  • if we deem it necessary in our sole discretion to protect our legal and legitimate business interests.

 

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.

 

 

7.  Changes to Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy.  It may be necessary from time to time for us to modify this policy to reflect changes in the way we collect and use information or changes in privacy-related laws, regulations, and industry standards. Accordingly, we reserve the right to change this policy at any time by posting the revised policy on this App and updating the “last modified” date at the top of this page. If the changes are material, we will provide you additional, prominent notice as appropriate under the circumstances, including by notifying you by email of such material changes. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. By downloading, installing, or using this App, you hereby agree to the terms of the Privacy Policy and any and all subsequent revisions thereto. If revisions to the Privacy Policy are unacceptable to you, you must cease using this App.

 

8.  How to Contact Us

If you have any questions, complaints or comments regarding our Privacy Policy or how we use your information, please contact us HERE.

 

 

 

Terms of Use

LAST MODIFIED: October 1, 2018

 

Please read the following Terms of Use carefully because they describe your rights and responsibilities when using our App.

 

1.  Acceptance of Terms

The following terms and conditions tells you the terms of use (the “Terms of Use”) on which you may make use of our Daily Sage application for mobile devices, and related content, software, applications, widgets, materials and/or services made available by CTG (together, the “App”). Please read these Terms of Use carefully before you download, install or use the App.  By downloading, installing or using the App, hereby accept these Terms of Use and that you agree to abide by them. If you do not agree with these Terms of Use, you should cease downloading, installing or using the App immediately.

 

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”).

 

By registering for and/or using the App, including, but not limited to, visiting or browsing the Site, you agree to be bound by these Terms of Use, the terms of the App’s Privacy Policy available at http://www.brushmedia.com/dailysage/terms.html and all other operating rules, policies and procedures that may be published from time to time on the App by us, each of which is incorporated by reference and each of which may be updated from time to time.

 

2.  Use of the App

Subject to the terms and conditions of these Terms of Use, we hereby grant you a limited, non-exclusive, non-transferable right to download, install, and use one copy of the App and access the App Materials and User Content (as defined below) made available through the App, from within the United States, solely for your own non-commercial personal purposes.

 

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

Your use of the App is subject to all applicable local, state, national laws and regulations and, international treaties. As a condition of use, you promise not to use the App for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the App. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your Account.

 

Further, as a condition of your use of our App, you shall not:

  1. take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;

  2. use technology or other means to access, index, frame or link to any part of the App that is not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the App);

  3. reproduce, transmit, sell, or otherwise exploit any part of the App for any commercial purpose;

  4. modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the App or the rights of use and enjoyment of the App by any other person, firm or enterprise, unless otherwise permitted;

  5. affect us adversely or reflect negatively on us, the App, our goodwill, our employees or moderators, our name or reputation, or discourage any person, firm or enterprise from using all or any portion, features or functions of the App, or from advertising, linking or becoming a supplier to us in connection with the App;

  6. run any form of auto-responder or “spam” on any part the App; use manual or automated software, devices, or other processes to “crawl” or “spider” any part of the App;

  7. harvest or scrape any content or data from the App;

  8. transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information, or link to any website which promotes or teaches these actions;

  9. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the App (including without limitation the App), except to the limited extent applicable laws specifically prohibit such restriction;

  10. misrepresent yourself, or represent yourself as another user of the App;

  11. ask other users for their personal information; or

  12. otherwise take any action in violation of our guidelines and policies.

 

Any violation of these user guidelines will be considered a material breach of these Terms of Use.  If we determine in our sole discretion that you are violating any of these Terms of Use, we reserve the right to (i) notify you, and (ii) use technical measures to block or restrict your access or use of the App.  In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the App, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

 

4.  User Account

WE RESERVE THE RIGHT TO SUSPEND, MODIFY, TERMINATE OR DELETE ANY ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU.  For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of these Terms of Use.

 

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

These Terms of Use shall be governed and interpreted pursuant to the laws of the State of California, notwithstanding any principles of conflicts of law. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Access to our App from any territory where the content is illegal is prohibited. You may not use or export any portions of our App in violation of U.S. export laws and regulations.

 

8.  Notification Procedures

CTG may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, mobile notification, written or hard copy notice, or through posting of such notice on our Site, as determined by CTG in our sole discretion. CTG reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms of Use and our Privacy Policy. CTG is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

 

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

These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Any failure by CTG to enforce strict performance of any of these Terms of Use will not be construed as a waiver of any right or remedy of CTG in respect of any existing or subsequent breach of these Terms of Use.  You must not assign, transfer or otherwise deal with all or part of your rights or obligations under the Terms of Use without CTG’s written consent.

 

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.

 

11.  Amendment

These Terms of Use are effective as of the date stated at the top of these Terms of Use.  We reserve the right to amend these Terms of Use at any time by posting revised terms on the Site and updating the “last modified” date at the top of this page. If the changes are material, we will provide you additional, prominent notice as appropriate under the circumstances. You will be deemed to have accepted and agreed to the amended Terms of Use if you continue to use this App after notice of the amended Terms of Use has been placed on the Site. If amendments to the Terms of Use are unacceptable to you or cause you to no longer be in compliance with the Terms of Use, you must cease using this App and desist from any further use thereof.

 

© Copyright 2018 Brushmedia. Brushmedia is a division of CTG Entertainment, LLC. All Rights Reserved.

 

Apple, the Apple logo, iPhone and Apple Watch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.

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