Rich Landes › Legal

Privacy Policy

P.S. 89 Productions Inc. ("we" "us" or "P.S. 89") the operator of the RichLandes.com web site ("site"), respects your privacy. This privacy statement ("Statement") describes what information we collect when you visit the site, how we use it, and how you can modify or delete it. This statement is part of the terms that govern your use of the site, please read the entire TERMS.

By using the Site, you consent to our collection and use of information about you in accordance with this statement. We may change this statement at our sole discretion by posting an updated version of it on this page, and the changes are effective immediately upon posting of such changes .If we decide that it is appropriate; we may also provide additional notice of more significant changes. By continuing to use the site after we have posted changes, you consent to the updated statement.

Personal Information

We collect Personal-identifiable information about you that you voluntarily provide to us ("Personal Information"), which may include information such as your name, email or postal addresses, Zip code, and telephone number.

If you provide Personal Information, we will use it for the purposes for which you provided it. We may also use your Personal Information to send you information and content that we think may be of interest to you. If you no longer wish to receive one or more types of communications from us, you may notify us at service@richlandes.com or, if applicable follow the instructions included in the communications we send to you, such as an "unsubscribe "link provided in an email message. (However, if you are a member of the Site, you may not opt out of receiving communications related to your membership or use of the Site.)

If you register for a member Account (as described in the Terms), we use the information you submit to us under the Account to maintain your registration and to facilitate your participation in the Sites interactive features. Your Account also allows you to supply information about yourself for a member profile, such as your gender, location and biography. This profile, which also includes the user name and graphic icon you choose for your account, will be publicly available on the Site. You should not include any personally -identifiable information in your member profile or User Content (as defined in the Terms) If you do not wish to have that information available to others .Any personally -identifiable information that you make publicly available on the site is not considered confidential, and we are not responsible for how others may use it.

We may share your Personal Information or Non-Personal Information (as defined below) with our affiliates or with third parties who provide services to us in connection with the Site .We also reserve the right to disclose and use Personal Information and Non-Personal Information in special circumstances ,including: to enforce this Statement or other Terms; to protect the property, rights and safety of anyone ;to detect or prevent potential or actual unlawful activity; in connection with a sale or transfer of some or all of our assets; or for other reasons we determine in good faith are necessary, appropriate, or required by law.

Non-Personal Information

We may also track and record certain non-personal Information about Site users("Non Personal Information"), including the type of web browser used, the time and date of visits, the pages of the Site that are viewed, and time spent on a particular page. We may use aggregate Non-Personal Information to determine web traffic analysis to help us understand how visitors use the Site and which pages are most popular, so we are able to improve the site based on the data compiled .We do not use Non-Personal Information to identify or track specific users, but we reserve the right to do so for safety or security reasons, for purposes of investigating a violation of the terms or applicable law, or for other purposes we determine are appropriate.

Other Sites

For your convenience, the Site may contain links to web sites owned or controlled by third parties. Those sites' privacy practices may be different than ours, and we are not responsible for them .We encourage you to read any and all Privacy Statements Terms of use etc. of any web site you choose to visit.

Children's Privacy

The children's Privacy Protection Act imposes certain requirements on web sites directed at children under 13 that collect information on those children ,on web sites that knowingly collect information on children under 13.richlandes.com is not directed at children under 13,and does not knowingly collect any personal information from children under 13.If you discover that we have collected information from a child under the age of 13 ,please notify us .If a child under the age of 13 sends us an email with a question or a comment ,and we are aware of the child's age ,we may respond using that email address but will not keep the email address or use it again.

Enforcement

If we become aware that the security of the Site has been or may be compromised or any nonpublic user information has been or may be disclosed to unrelated third parties as a result of an external activity or otherwise not in accordance with this Statement, we will take measures that we deem appropriate (which may include undertaking an internal investigation, notifying the user, and notifying and cooperating with law enforcement authorities.

Security

We will use reasonable efforts to safeguard Personal Information that you provide through the Site .Nevertheless, no transmission over the internet can be guaranteed to be 100% secure. We make no representation or warrant that the site is protected from viruses, security threats or other vulnerabilities or that your Personal Information or Non-Personal Information is always secure. Accordingly, you provide us with your Personal Information and Non-Personal Information at your own risk.

Location of and Transfer of Information

Our servers are located in the United States. If you are located outside the United States, please be aware that any Information you provide to us will be transferred to the United States. By using our Site or providing your Personal Information to us, you consent to this transfer and to the collection, storage processing, and use of your Personal information in the United States. In addition, if you are located in the United States, our service providers may not be located in your geographic area in the United States. By providing your Personal Information on the Site, you also consent to the transfer of your data to these service providers.

Reviewing and Updating Your Information

To update, delete or correct any information you have provided to us, please contact us at service@richlandes.com. You may also be able to review and to update, delete, or correct some information in your account directly through the Site.

Contact Us

If you have questions or any concerns about this statement, the Terms of Use, or the Site, Please contact us at service@richlandes.com

Terms - Rich Landes.com

1. ACCEPTANCE OF TERMS

P.S. 89 Productions Inc.("we","us",or "P.S.89") provides the information and services on the RichLandes .com web site("Site") on the condition that you accept the terms and conditions below("Terms")

Please carefully read the Terms because, by using the Site, you agree to be bound by the Terms, including our Privacy Statement. If you do not agree to the Terms, please do not use the Site. We may change the Terms at our sole discretion by posting an updated version of it on this page, and the updated Terms are effective immediately upon posting. If we decide that it is appropriate, we may also provide additional notice of more significant changes .By continuing to use the Site after we posted any changes, you agree to be bound to the updated Terms.

2. PRIVACY STATEMENT

Please carefully review our Privacy Statement, which forms a part of these Terms.

3. THE SITE

The site provides information, services and products related to Rich Landes.

4. PERMITTED USE

You may access and use the Site for personal, non-commercial purposes only. As a condition to your continued use of the Site, you warrant that you will not use the Site for any purpose that violates(A) these Terms,(B)any law or regulation, or (C) the rights of RLO, Rich Landes, or any third party.

5. ACCOUNTS

You must register for a member account ("Account") to participate in some of the Site's features, including its discussion forums. When you register, you will be required to enter certain information about yourself (such as email address and your birth year) and to select a user name and, password and graphic icon for your account. You may also choose to supplement your Account with additional, optional information (such as your gender, location, and biography) for your member profile. The member profile you create, together with your chosen user name and graphic icon, will be publicly available on the Site could be used to identify you .Please carefully review our Privacy Statement to learn more about your account and member-profile.

You are responsible for maintaining the confidentiality of the password associated with your Account and for all activity under your Account, including the information or material provided under it. You may not transfer your Account to someone else (including anyone who has his or her own account) or otherwise do anything to give another person access to your Account. You must notify P.S. 89 immediately if you become aware that anyone has gained unauthorized access to your account .You represent, warrant and covenant that you will not use your Account to pass yourself off as any other person or entity (although you may be able to use the Site under a user name that does not identify you).

We reserve the right in our sole discretion to suspend or terminate your Account or to block access to the Site at any time (A) if we suspect that you have not complied with these Terms;(B) if there is a prolonged period of inactivity in your Account;(C) for other reasons that we determine in good faith are necessary or appropriate, including if we suspect that you are using or attempting to use the Site in any way that violates any applicable laws or regulations. We are not liable to you for any loss or damage that may result from any refusal to provide you access to the Site or any portion of it.

6. MATERIAL BY YOU AND OTHER USERS

From time to time ,the Site may have discussion forums and other features that allow you submit and share text,questions,answers,information,photographs,video,or other works of authorship related to the subject matter of the Site(all together, "User Content"). User Content also includes member profile information that you submit.

If you submit User Content to the Site, you grant us an irrevocable,non-exclusive,worldwide,royalty-free,unrestricted license (with the right to sub-license) the right to reproduce, distribute, create derivative works of, and publicly display and perform User Content in whole or in part in any media now known or later developed; to use the names,likeness,voices ,and other information you submit as part of User Content; and to identify User Content with our description or additional information. When you submit any User Content, you represent, warrant and covenant(A) that you have the right to submit it;(B)that you have obtained all rights and consents necessary to grant this license, including from each individual(other than Rich Landes)depicted in User Content; and (C)the User Content does not and will not violate any third party's copyright,trademark.patent, trade secret, right to privacy or publicity, or any other proprietary ,personal or other right of any kind. You irrevocably release( on your behalf ,your successors,heirs,family members, and executors)P.S. 89 and Rich Landes(and their affiliates)from any claim of any nature that you have or may ever have(based on any action, including rights of publicity or privacy, trademark or servicemark,copyright,"moral rights, "false light,libel,defamation,false advertising, intentional or neglect infliction or emotional distress) arising out of any use of User Content you submit and any use of your name,likenss,or other identifiable traits in connection with User Content. If you are a California resident, you waive California Civil Code Section 1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor"

User Content is not confidential and may be available to the general public via the Site or otherwise. We have no obligation to display or otherwise use any User Content in any way. We have the right to delete, modify or supplement User Content (or to prohibit you from submitting any further User Content) at any time for any reason without notice to anyone. You represent ,warrant and covenant (1) that you are under no obligation that would in any way interfere with the disclosure or use of any User Content you submit and (2) that no User Content that you submit contains any material or information furnished to you in confidence or with the understanding that it would no be disclosed or published.

7. ERRORS AND INACCURACIES

We strive to provide complete, accurate and up-to-date information on the Site.Unfortunatley; we are not able to ensure that the Site is completely free of human technological errors. The Site may contain typographical mistakes, inaccuracies, or omissions, some of which relate information, shows, news and other product availability, and some information that may not be complete or current. We reserve the right to correct any errors, omissions or inaccuracies. This includes making changes after an order has been submitted-and to change or update information at any time without prior notice.

8. NO ADVICE

The information on this Site, including information provided by other users, is made available for general informational purposes only. It should not be construed as legal, educational, employment, financial, medical, or other professional advice (or a substitute for them). If you need professional advice or services, you should consult with a qualified professional in that relevant field.

9. CONDUCT ON THE SITE

We value a diversity of viewpoints and expect users of the Site to exhibit the same level of respect for other users on the Site as they would in any community forum. All users must practice discretion and maintain civil and decent conduct on the Site.

Accordingly, you may not(A)submit,upload,post email, transmit or otherwise make available any User Content or any other information that is unlawful,tortuous,defamatory,vulgar,explicit sexual,obscene,or libelous, or that is threating,intimidating,hostile,harassing,abusive on the basis of personal beliefs or other characteristics or otherwise objectionable;(B)submit any User Content or other information that you do not have the right to submit or that violates another party's right or any law or regulation;(C) send any unauthorized,unsolicited,junk,spam or bulk email, or any advertising or other form of communication that violate these Terms or any law or regulation; or (D) upload, post ,email,tranmit or otherwise make available any User Content or other materials or information that contain any computer code, file or program designed to interrupt,corrupt,destroy or otherwise interfere with or limit the functionality of any software, hardware or equipment or make any authorized transmission or cause any other effect that might reasonably be considered undesirable.

10. COPYRIGHTS; TRADEMARKS

The copyrightable content on the Site is owned by or licensed to P.S. 89. You may not copy, distribute, modify or publicly display or perform or in any way exploit or use materials on the Site (or any computer programs and other coding) with out P.S. 89's express prior permission in each case. You may not modify or alter the proprietary notices or any content that is permitted to be printed or downloaded from the Site. You may not use any material (including blogs and podcasts) in a manner that attributes to a false or misleading statement toP.S. 89,Rich Landes, or any third parties.

Rich Landes' names(and any variation of them ,such as" Rich Landes "),trademarks,servicemarks,and any other indicia of source related to Rich Landes and his activities("Landes Marks") are owned by Rich Landes ,P.S. 89 ,or other affililiated entities .You may not use any of the Landes Marks in connection with any product or service in any manner that is likely to cause confusion about the source ,affiliation, or sponsorship of the product or service. In addition, you may not use Landes Marks in any manner that disparages or discredits P.S. 89, Mr. Landes, any affiliated entity, or member Of Rich Landes' family.

11. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the copyright and other proprietary rights of third parties. However, we cannot monitor all material posted on the Site. If you believe that any material posted on the Site infringes your copyright, then you may request the removal of those materials from the Site in accordance with the Copyright Act,17 U.S.C. 512©(3),and the procedures described below.

A notice of infringing material that complies with the Copyright Act.17 U.S.C. 512© (3) ("notice") to the agent we have designated with the Copyright Office:

Brent Winder
Jones Waldo
170 Main St. #1500
Salt Lake City, UT. 84101
Joneswaldo.com

(PLEASE NOTE: This address serves solely to receive notices of claimed infringement on the Site. Other messages or inquiries sent to this address will receive no reply; those may be sent via email to service@richlandes.com)

To comply with the Copyright Act, your notice must be in writing and must include the following:

1. A physical or electronic signature of the person authorizes to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works is covered by a single notification, a representative of such works;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;

5. A statement that you have good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent ,or the law; and

6. A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, of an exclusive right that is allegedly infringed.

When we receive a Notice that complies with the Copyright Act, we may remove the identified material and make good-faith effort to inform the user who posted the allegedly infringing material (the "alleged infringer") of the Notice and subsequent removal. The alleged infringer may then provide us with a counter -notice ("Counter-Notice") that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:

A physical or electronic signature of the alleged infringer;

Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to where it was disabled;

A statement under penalty or perjury that the alleged infringer has a good faith belief that the material was removed or access to it disabled as a result of error;

The alleged infringer's name, address and telephone number; and

A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.

Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 14 business days of receipt of the Counter-Notice, unless you inform us that you have filed an action seeking a court order to restrain the alleged infringing party from engaging in infringing activity to the material on the Site.

12. LINKS

WWe may provide links to other web sites ("Other Sites"). We provide these links for information only, and they do not imply that we endorse, sponsor, or are affiliated with the Other Sites in any way. We exercise no control whatsoever over Other Sites and are not responsible or liable for the content or activities on them. You use any Other Sites solely at your own risk.

Under no circumstances may you "frame" the Site or any of its content or copy portions of the Site to a server, except as part of an internet service provides incidental caching of web pages. Each page from the Site must be displayed in full( including all trademarks, servicemarks, branding,advertising,and promotional materials),without any accompanying frame,border,design,trademark,advertising or other materials not originally displayed on the page as it appears on the Site.

13. INDEMNIFICATION

You agree to indemnify (and ,if requested, defend) RLO and Rich Landes, and their affiliates and respective officers,employees,and agents against any losses,liabilities,damages,expenses and costs( including reasonable attorneys' fees) that any of them may incur arising out of, or alleged to arise out of, (A) your acts or omissions in connection with your use of the Site in any way; (B) your violation of these Terms; or (C) your breach of any representation, warranty, or covenant in these Terms.

14. DISCLAIMER AND WARRANTIES

YOU UNDERSTAND AND AGREE THAT THE SITE AND ALL SERVICES AND CONTENT ASSOCIATED WITH IT ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT YOU USE THEM AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSSOF DATA THAT RESULTS FROM THE USE OF THE SITE.P.S. 89 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,EITHER IMPLIED OR EXPRESS,INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANABILITY,FITNESS FOR A PURPOSE OR NON-INFRINGEMENT; OR WARRANTIES THAT ANY PART OF THE SITE WILL BE UNINTERRUPTED,ERROR -FREE,VIRUS-FREE,TIMELY,SECURE,ACCURATE,RELIABLE,OR OF ANY QUALITY;OR THAT ANY CONTENT IS SAFE FOR DOWNLOAD OR SUITABLE TO BE RELIED ON FOR ANY PURPOSE. RLO EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM ANY PERSON'S RELIANCE FOR ANY PURPOSE ON INFORMATION AVAILABLE ON THE SITE. IN SOME JURISDICTIONS, PORTIONS OF THESE DISCLAIMERS MAY NOT APPLY.

ALTHOUGH P.S. 89 INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF MALICIOUS CODE TO THE SITE, RLO DOES NOT GUARANTEE OR WARRANT THAT THE SITE IS FREE FROM SUCH DESTRUCTIVE FEATURES AND RLO IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

15. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY DIRECT,INDIRECT,SPECIAL. INCIDENTAL, CONSEQUENTIAL, PUNITIVE,EXEMPLARY, STATUTORY,OR SIMILAR DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS,GOODWILL,USE,DATA OR OTHER INTANGIBLE LOSS(EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NO MATTER IF THE ALLEGED LIABILITY IS BASED ON CONTRACT,TORT,NEGLIGENCE,STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY),RESULTING FROM OR ARISING OUT OF(A) THE USE OF OR THE INABILITY TO USE THE SITE;(B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PERSONAL INFORMATION OR DATA TRANSMISSIONS;OR (C)ANY OTHER MATTER RELATING TO THE SITE. IN SOME JURISDICTIONS,THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

16. ACCESS FROM OUTSIDE THE UNITED STATES

RLO expressly disclaims any representation, warranty, or covenant that the Site or any of its contents are appropriate or will be available for use outside the United States. If you chose to access the site from other locations, you do so at your own risk and are solely responsible for compliance with all applicable laws. You may not access the Site from any location where doing so would be illegal.

17. GOVERNING LAW

These terms and any dispute related to the Site are governed by the laws of the State of California applicable to contracts made and wholly performed there. By using the Site, you herby irrevocably submit to the personal and exclusive jurisdiction of the federal and state courts located within the state and county of California for the resolution of any dispute arising out of these Terms or use of the Site.

18. GENERAL PROVISIONS

Nothing in these Terms may be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship or similar relationship of any kind between RLO and any user or other person or entity, nor do these Terms extend rights to any third party. The failure of either party to assert any right under these Terms will not be considered a waiver of that party's right, which will remain in full force and effect. You agree that( regardless of any statute to the contrary) any action arising out of your use of this web site must be filed within one year after the cause of action arose or it will be forever barred. These Terms, including the Privacy Statement, constitute the entire agreement and supersede all other agreements (oral or written) between you and RLO regarding your use of the Site. The term "including" in the Terms 'including, without being limited to." If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign your rights under the Terms without RLO'S prior written consent, and any attempted assignment in violation of this provision is null and void. RLO may assign these Terms and transfer any of its rights or obligations at any time for any reason.

19. REPORT UNAUTHORIZED USE

Please report any violations of these Terms to us at service@richlandes.com. We reserve the right to report any unauthorized use of the Site to the appropriate authorities.

20. CONTACT US

If you have any questions or concerns about these Terms or the Site, please contact us at service@richlandes.com