Effective Date: May 1, 2010
The Information We Collect and How We Use It
At this Site we collect some personally identifying information, including for example, name, address, and email address for website registration, email address for newsletter sign ups, and name, email address, and friend’s email address for our send-a-friend feature. We may collect additional information, for example your date of birth or your product preferences, whether during website registration or if you elect to participate in a sweepstakes, contest, game, survey, questionnaire or other promotion we may offer.
Purposes of Use
In the course of doing business, we employ other companies to perform a variety of functions on our behalf and will share with them personally identifiable information about Site visitors so that they can fulfill their obligations to us. These companies perform various functions for us, such as hosting our databases or websites, sending email blasts, delivering products or services, or helping us analyze our customers’ preferences and improve our products. We may also disclose your personal information (a) if we believe we are required to do so by law (for example if we are served with a search warrant, subpoena or court order); (b) to a third party to which ownership of MasterShield is transferred via an acquisition, merger, sale of assets or otherwise; (c) if we believe it is necessary to protect our company, or parent or affiliated companies, or a Site user; (d) to our affiliated or related companies; and (e) to our trusted business partners in whose products or services we believe you may be interested or with whom we may be offering a joint promotion or have some other co-branded relationship.
We also may share aggregate, non-personally identifiable information about our users with advertisers, business partners, sponsors, and other third parties. For example, we may tell a business partner the number of men and the number of women that entered a contest.
Cookies and Other Passive Tracking Mechanisms
Information Preferences and Contacting MasterShield
To opt out of receiving marketing email messages from us, you can follow the opt out instructions to any marketing email you receive from us, or you can send an opt out request to email@example.com. To manage your preferences about what types of information you receive, log into your account and go to the “My Profile” page. For other questions, please contact us at: P.O. Box 243 Ho-Ho-Kus, New Jersey 07423, Attn. Privacy Inquiries, (201) 882-8439; or firstname.lastname@example.org.
We take commercially reasonable precautions to keep your personally identifying information secure. Notwithstanding the foregoing, we cannot guarantee the security of any information you disclose online, and you do so at your own risk.
Children on Our Site
We do not knowingly collect information from children under 13 on this Site, do not direct this site to children under 13, and do not believe that our Site is appealing to children in that age group. If you are a parent and believe your child has provided us with information, please contact us at email@example.com. Parents, we encourage you to supervise your children’s use of the Internet, and suggest that you read http://www.ftc.gov/kidzprivacy/ to learn more about how to protect your children online.
Links to Third Party Web Sites
Important Note Regarding U.S. Law
The laws and regulations in different countries impose different (and even conflicting) requirements on the Internet and data protection. We are located in the USA, as are this Site’s servers. All matters relating to this Site are governed by the laws of the State of New Jersey in the USA. If you are located outside of the United States, including in a member state of the European Union, and you use this Site and submit information on this Site, any information you provide will be transferred to the USA and by submitting the information you authorize this transfer and understand that the information you provide will be protected as provided for under U.S. law, not the law of your home country.
MGP Manufacturing LLC
Terms and Conditions
MGP Manufacturing LLC (“MasterShield”) maintains this site (“the Site”) for your personal entertainment, information, education and communication. Feel free to browse the Site, but please read these terms and conditions before doing so.
Your access to and use of the Site is subject to the following terms and conditions (“Terms and Conditions”). Master Shield Gutter Protection may revise these Terms and Conditions at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions. By accessing and browsing the Site, you signify your acceptance of these Terms and Conditions without limitation or qualification. If you do not agree to these Terms and Conditions, then please do not use the Site.
You should assume that all materials, designs, text and images (collectively, the “Materials”) contained in the Site are either the copyrighted property of MGP Manufacturing LLC unless otherwise noted, or are the copyrighted property of third parties. You may download one single hard copy of Materials displayed on the Site for non-commercial, personal use only, provided however, you do not delete or change the copyright, trademark and other proprietary notices contained on the Materials. You may not modify, alter or change any Materials or distribute, publish, transmit, reuse, re-post or use the content of the Site for public or commercial purposes, including, without limitation, the text, images, audio and video. Unauthorized use of the Materials is strictly prohibited and is a violation of the rights of MasterShield and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity. MasterShield neither warrants nor represents that your use of Materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with MasterShield.
This Site contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned and registered by MGP Manufacturing LLC and used by MasterShield, its subsidiaries and independently owned and authorized dealers (the “Trademarks”). The Trademarks displayed on the Site are registered and unregistered Trademarks of MGP Manufacturing LLC. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms and Conditions, MasterShield will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
While MasterShield uses reasonable efforts to include accurate and up to date information in the Site, MasterShield makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Site.
Information in the Site is subject to change without notice. Information regarding MasterShield’s products and services is applicable only in the United States unless otherwise noted. Some products and services may not be available in certain areas. MasterShield makes no representations that the Materials in this Site are appropriate or available for use in other countries aside from the United States. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country.
Use of and browsing in the Site is done at user’s own risk. Neither MasterShield nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
From time to time, MasterShield may ask that you transmit to the Site by electronic mail your feedback on MasterShield’s products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by MasterShield, (b) become the property of MasterShield and MasterShield shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by MasterShield or its licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, MasterShield shall be under no obligation to respond to any such communication.
Notwithstanding the foregoing, MasterShield maintains a long standing policy of not accepting or considering any creative ideas, suggestions or materials from the public (“Submissions”), and therefore, you should not make any Submissions to MasterShield in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of MasterShield and MasterShield shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, MasterShield shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. MasterShield shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future MasterShield uses or activities. On certain areas of our Site, such as video upload features, message boards, or chat rooms, you will be allowed to interact with other users, and may also be able to create a unique account that may be used solely by you. You may not share or transfer your account with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password. MasterShield will suspend access or change access to your account immediately upon notification by you that your password has been lost, stolen, or otherwise compromised. Use of your account and the interactive features of this Site are governed by and subject to the following terms (“Posting Rules”). MasterShield may terminate your account if we believe, using our sole discretion, that you have violated any of these Posting Rules, the terms in these Terms and Conditions, or any law. We reserve the right to monitor any and all messages, postings, or other content sent to the Site, and reserve the right to remove or to refuse to post anything that we in our sole discretion view to be in violation of these Posting
Rules, the law, or are otherwise inappropriate. MasterShield does not necessarily, however, monitor any materials posted, transmitted, or communicated to or within the Site.
- You understand and acknowledge that messages and postings are the sole responsibility of the author, and that MasterShield is not responsible for the message, or information, data, text or other materials in any message that may appear in a chat room, message board, or other interactive feature (“Messages”). Opinions expressed in Messages do not necessarily reflect the opinions of MasterShield.
- You understand and acknowledge that you are responsible for the content of your Messages, and agree not to include anything that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate.
- You agree that you will not post in your Messages any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of MasterShield. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
- The message boards, chat rooms, and other forums we provide on this Site are intended to allow information exchanges, and for users to express their opinions. It is not a commercial site. Therefore, you agree that you will not post in your Messages any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
- You agree that you will not include in any Messages any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of MasterShield’s system or a third party’s computer. You further agree that you will not post any content that undermines the operation of the Site, a message board, chat room, forum, or other feature.
If you believe that a Message was posted in violation of these Posting Rules or Terms and Conditions, please copy the text of the Message into an email and submit to questions@MasterShield.com. MasterShield may, but typically will not, acknowledge receipt of your complaint. You agree that MasterShield cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Site. For more information on submitting complaints, please contact questions@MasterShield.com. Violation of any of the above rules may result in a warning notification, removal of offending content or termination of your account.
If you believe that something on the Site violates the Terms and Conditions or you wish to send an e-mail to MasterShield, please contact us at questions@MasterShield.com. If you are a copyright or trademark owner and you believe your rights have been violated, please follow our Proprietary Rights Complaint Process.
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO ENTER INTO A LEGAL AND BINDING AGREEMENT WITH MASTERSHIELD. PLEASE READ THIS AGREEMENT VERY CAREFULLY AND MAKE SURE YOU UNDERSTAND YOUR RIGHTS AND OBLIGATIONS BEFORE SIGNING THIS AGREEMENT AND SUBMITTING ANY MATERIALS. Except as otherwise provided in the “Submissions” section above including with respect to ideas or other non-protectable information, any submission(s) you make on this website that contain ownable, protectable content, including artwork, audio recordings, copy, images, music, photography, text, video recordings, written materials and/or other materials (“User Content”) are governed by the following license terms “(License”):
- You hereby grant to MasterShield an irrevocable, non-exclusive, royalty-free perpetual license to use and exploit your User Content, in whole or in part, in any and all manner and media throughout the world; and the right to use your name, voice, image, likeness and biographical data in connection with both the User Content. MasterShield shall be entitled to assign or sublicense all or a portion of the rights and licenses granted herein and/or this License in its entirety, without payment to you.
- You hereby acknowledge and agree that: (a) Master Shield Gutter Protection shall have the right to crop, edit, alter or arrange the User Content in any way it desires in MasterShield’s sole discretion; (b) MasterShield shall not have any obligation to provide you with any credit when using your User Content, but in the event MasterShield chooses to provide you with credit the size and placement of the credit shall be at MasterShield’s sole discretion; (c) you shall waive any “moral rights” that you may have in the User Content; and (d) you are not entitled to any compensation or other payment from MasterShield in connection with the User Content. You understand that MasterShield will be acting in reliance upon your grant of rights, representations, warranties and indemnities in this License and may incur substantial expense in reliance upon these grants of rights, representations, warranties and indemnities should MasterShield use your User Content.
- You represent and warrant that: (a) You have the full power and authority to grant the License described herein and to perform all of your obligations set forth in this License; (b) you are the author of the User Content and that each and every element of the User Content is an original work created by you; (c) you are the sole and exclusive owner of the User Content and all of the trademark and copyrights therein; (d) no third party is entitled to any compensation or payment as a condition for MasterShield’s use and exploitation of the User Content; and (e) the User Content conforms to the Posting Rules described in above.
- You agree to defend, indemnify, and hold harmless MasterShield and its agents, their parents, officers, directors, employees, consultants, licensees, agents, successors and assigns from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorneys’ fees) resulting from claims made against MasterShield or its agents by third parties arising from any breach, or alleged breach, of your representations, warranties or obligations hereunder.
Third Party Links
This Site may link to other sites not maintained by or related to MasterShield. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the products and services of MasterShield. MasterShield has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk.
Any offers set forth on the Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
These Terms and Conditions are governed and interpreted under the laws of the state of New Jersey, United States of America. If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not effect the validity and enforceability of any remaining provisions.
These Terms and Conditions set forth the entire understanding and agreement between you and MasterShield with respect to the Site. You acknowledge that any other agreements between you and MasterShield with respect to the Site are superseded and of no force or effect.
You agree to indemnify and hold MasterShield, its parents, subsidiaries, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney’s fees, related to your violation of this Agreement, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.
Both you and Master Shield acknowledge and agree that no partnership is formed and neither of you nor MasterShield has the power or the authority to obligate or bind the other.
No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect.