Thank you for visiting the official Denimology website located at www.denimology.com. Denimology is an Internet property of Internet Consumer Guides, Inc. (“Denimology,” “we” or “us”). You agree to the following Terms and Conditions in their entirety, when you: (a) access or use Denimology; (b) register as a commenter on Denimology, which enables you to comment using the various interactive services associated with Denimology; (c) sign up to receive our daily or weekly Newsletters; and/or (d) register for one of our giveaways, promotional offers or contests
1. Children Under the Age of 13
Protecting the privacy of young children is especially important. For that reason, Denimology does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on Denimology from persons under 13 years of age, and no part of our website is directed to persons under 13. If you are under 13 years of age, then please do not use or access Denimology at any time or in any manner. If Denimology learns that personally identifiable information of persons under 13 years of age has been collected on Denimology without verified parental consent, then Denimology will take the appropriate steps to delete this information.
2. Information We Collect
* Information Submitted by a user. Denimology collects personal information when you register or request information from us. The personal information we may collect is listed below:
o Login Name
o Email address
o Postal Code
o Instant Messenger User Names (for example AIM, Yahoo, MSN)
o Personal Preferences (Favorite Colors, Style Description)
* You may also submit information about other people. For example, you may enter a friend’s email to invite them to Denimology, or email links to Denimology. In this circumstance, we collect the following information about the recipient:
o Email address
* Non-submitted Information Collected. Denimology may also collect non-personal information not associated with your identity. We collect this data to improve Denimology. The non-submitted information we collect is listed below:
o Data transferred
o Browser type and version
o Operating system
3. How We Use Your Information
Among our primary goals in collecting information is to provide you with a customized experience when visiting our site and to make our site more valuable to you. We use this information to closely monitor which areas of the site are used most and to determine which areas we need to focus on improving. This information is used exclusively by Denimology in aggregate form so that we may continue to improve the value of the services and information on Denimology for our members as a whole.
As a valued customer of Denimology, we will occasionally contact you, typically by e-mail (or any other way you prefer) in order to notify you of special promotions, and up-to-date news, custom-tailored to your personal interests. Of course, if you do not wish to receive this personalized information, you can remove yourself from receiving such information by changing the appropriate option on your user account.
Denimology uses your Internet Protocol (IP) address to help diagnose problems with our computer server, and to administer our web site. Your IP address is used to help identify you, and to gather broad demographic data. Your IP address contains no personal information about you.
Except as described above, we will not monitor, edit or disclose any personal information about you or your account, without your prior consent unless we have a belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of Denimology; (iii) enforce our Terms of Service; (iv) protect the interests of users of our services other than you or any other person; or (v) operate or conduct maintenance and repair of Denimology’s services or equipment as authorized by law.
4. Our Disclosure of Your Information
Denimology may share your details with third parties, such as the companies that provide prizes for our giveaway, if and when we do this it will be clearly stated on the sign-up form. You will have an opportunity to remove yourself from any such lists prior to your inclusion therein by emailing us at [email protected] or by changing the appropriate option on your user account. Denimology does, however, perform statistical analysis of customer usage in order to measure interest in, and use of, the various parts of Denimology, and Denimology shares that information with current and prospective advertisers, and other interested third parties. But, this information is aggregated data only (statistics, etc.), and contains no personally identifiable information whatsoever.
Denimology cooperates with all law enforcement inquires and with all third parties to enforce their intellectual property or other rights.
You should be aware that if you voluntarily disclose personal information in chat areas, on bulletin boards, or in classified areas within Denimology, that information might be collected and disseminated by third-parties, and result in, among other things, unsolicited inquiries, messages, and offers from third-parties. Please understand that any information that is disclosed in these areas becomes public information and this third-party conduct is out of the control of Denimology. Please exercise caution when deciding to disclose your personal information.
Denimology also contains links to other web sites. Denimology is not responsible for the privacy practices or the content of such web sites.
The personally identifiable information we collect is securely stored within our database, and we use standard, industry-wide practices such as encryption, firewalls and (in some certain areas) SSL (Secure Socket Layers) for protecting your information. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet. We recommend that you not disclose your password to anyone.
6. Revisions and Amendments
7. Notice Regarding Online Behavioral Advertising
We allow third party companies to serve ads and/or collect certain anonymous information when you visit our Web site. These companies may use non-personally identifiable information (e.g. click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DENIMOLOGY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DENIMOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, DENIMOLOGY SERVICES, PROMOTIONS, CONTENT, FEEDBACK, ANY INFORMATION, MATERIAL, PRODUCTS AND/OR SERVICES CONTAINED AND/OR MADE AVAILABLE THEREIN/THERETHROUGH; (B) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (C) ANY OTHER MATTER RELATING TO DENIMOLOGY, DENIMOLOGY SERVICES, PROMOTIONS, CONTENT, FEEDBACK, ANY INFORMATION, MATERIAL, PRODUCTS AND/OR SERVICES CONTAINED AND/OR MADE AVAILABLE THEREIN/THERETHROUGH. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE DENIMOLOGY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF DENIMOLOGY TO YOU SHALL BE FIVE HUNDRED DOLLARS ($500.00). YOU HEREBY RELEASE DENIMOLOGY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. NO ACTION MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DENIMOLOGY. ACCESS TO DENIMOLOGY AND/OR DENIMOLOGY SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and, in such jurisdictions, Denimology’s liability shall be limited to the maximum extent permitted by law.
9. Dispute Resolution Provisions
The Agreement shall be treated as though it were executed and performed in Tomball, Texas and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Denimology and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Denimology incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.