Terms of Use Agreement

Sunbelt Shows, Inc. Terms of Use Agreement

Welcome to our websites located at www.fiery-foods.com, www.scovieawards.com and www.fieryfoodsshow.com (the “Sites”). The Sites and mobile applications related to the Sites (the “Applications”) are provided by Sunbelt Shows, Inc. (“we,” “us” and “our”) and allow you to: (a) participate in interactive features that we may make available from time to time; or (b) simply view the Sites. We prepared this Sunbelt Shows, Inc. Terms of Use Agreement (this “Agreement”) to help explain the terms that apply to your use of the Sites and the Applications.

Regardless of how you use the Sites or the Applications, your conduct when you use the Sites or the Applications is governed by this Agreement.

  1. Updates to this Agreement. We may modify this Agreement from time to time. We will notify you of material changes to this Agreement by posting the amended terms on the Sites at least thirty (30) days before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Sites. If you continue using the Sites after the new terms take effect, you will be bound by the modified Agreement. [If you are a user of one of the Applications, you will be asked to affirmatively accept the new terms in order to continue using the Application.]
  1. Privacy Policy. In connection with your use of the Sites and the Applications, please review our Privacy Policy below, in order to understand how we use information we collect from you when you access, visit or use the Sites or the Applications. The Privacy Policy is part of and is governed by this Agreement and by agreeing to this Agreement, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.
  1. Affirmative Representations Regarding Your Use of the Sites and the Applications. When you use the Sites and the Applications, you represent that: (a) the information you submit is truthful and accurate; (b) your use of the Sites and the Applications and your use of services available on the Sites and the Applications do not violate any applicable law or regulation; (c) you are 13 years of age or older; (d) you will comply with the rules for online conduct and making Contributions (as defined in Section 5 below) to the Sites and the Applications, as discussed in Section 5 below, (e) you are of sufficient legal age or otherwise have legal capacity to legally enter into this Agreement, and (f) you will use the Sites and the Applications in compliance with applicable law.
  1. Rules Governing User Contributions; Prohibited Activities

4.1 User Contributions. If you are logged into Facebook while viewing any comment-enabled page on the Sites or the Applications, you will be able to leave a comment on the applicable comment-enabled page. If you choose to make a comment on the Sites or the Applications when you are logged into Facebook, your comment will be associated with and displayed with your Facebook photo and the name you use in connection with your Facebook account, and other users of the Sites or the Applications will be able to see your Facebook photo and the name you use in connection with your Facebook account. You are entirely responsible for the content of, and any harm resulting from, any comments or submissions that you post to the Sites and the Applications (collectively, “Contributions”). When you create or make available a Contribution, you represent and warrant that you:

(a) own or have sufficient rights to post your Contributions on or through the Sites and the Applications;

(b) will not post Contributions that violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;

(c) have fully complied with any third-party licenses relating to Contributions and shall pay all royalties, fees and any other monies required to be paid in connection with Contributions that you post to or through the Sites and the Applications;

(d) will not post Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner;

(e) will not post Contributions that contain advertisements or solicit any person to buy or sell products or services (other than our products and services); and

(vi) will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party.

4.2 Prohibited Activities. In addition to the obligations described in Section 5.1, you agree that you in connection with your use of the Sites and the Applications, you will not:

(a) use the Sites or the Applications for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Sites without our express written consent;

(b) transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Sites or the Applications or the networks or services connected to the Sites or the Applications, including without limitation, hacking into the Sites or the Applications, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;

(c) impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;

(d) post jobs for modeling or talent or talent scouting positions on the Sites or through the Applications;

(e) post on the Sites or through the Applications any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case these types of postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents;

(f) decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Sites or the Applications, or any portion thereof; or

(g) circumvent, disable or otherwise interfere with security related features of the Sites or the Applications or features that prevent or restrict use or copying of any Materials (as defined in Section 7) or enforce limitations on use of the Sites or the Applications or the Materials on the Sites or the Applications.

  1. Rights in Contributions

5.1 Ownership of Contributions. We do not claim any ownership rights in the Contributions that you post on or through the Sites or the Applications. After posting your Contributions on the Sites or the Applications, you continue to retain any rights you may have in your Contributions, including any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant to us below.

5.2 Grant of License to Us for Contributions. We need a license from you so that we can use your Contributions on the Sites or the Applications or elsewhere. By making a Contribution to the Sites or to an Application, you grant us a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to us), fully-paid, royalty-free (meaning that we are not required to pay you to use your Contribution), sublicensable (so that we can use affiliates, subcontractors and other partners such as wireless carriers and hosted service providers to make the Sites or the Applications available to you) and worldwide (because the Internet, the Sites and the Applications are global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce and distribute the Contribution in connection with the Sites or the Applications, our business or the promotion thereof in any media formats and through any media channels now known or hereafter devised. This license does not grant us the right to sell your Contributions. If you remove your Contributions from the Sites or the Applications, we will cease use of your Contributions as soon as practicable; however, you understand and agree that we may retain archived copies of your Contributions.

  1. Our Intellectual Property Rights. All of the content on the Sites and the Applications (“Materials”) and the trademarks, service marks, and logos contained on the Sites and the Applications, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Sites, the Applications and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights not expressly granted in and to the Sites, the Applications and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials. You further agree not to access the Sites or the Applications by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.
  1. Our Management of the Sites and the Applications; User Misconduct

7.1 Our Right to Manage the Sites and the Applications. We reserve the right, but do not undertake the obligation to: (a) monitor or review the Sites and the Applications for violations of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate this Agreement, the law or any of our policies or are excessive in size or burdensome without prior notice to you; (d) manage the Sites and the Applications in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Sites and the Applications; (e) screen our users or members, or attempt to verify the statements of our users or members and/or (f) monitor disputes between you and other users or to termination or block you and other users for violations of this Agreement.

7.2 Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES AND THE APPLICATIONS TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.

  1. Your Interaction with Other Users. You are solely responsible for your interactions with other users of the Sites and the Applications. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Sites or through the Applications and that you give to other users of the Sites or the Applications. You are discouraged from publicly posting the following information on the Sites or through the Applications: your full name, telephone numbers and street addresses. Information posted to the Sites or through the Applications by other users of the Sites or the Applications may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Sites or the Applications. We expect that you will use caution and common sense when using the Sites and the Applications.
  1. Term Survival

9.1 Term. This Agreement shall remain in full force and effect while you use the Sites or the Applications. You may terminate your use or participation at any time, for any reason, by ceasing to use the Sites and the Applications. We may also, in our sole discretion, limit, suspend, or terminate the Sites or the Applications or prohibit access to them.

9.2 Survival. Even after you cease using the Sites or following termination, the provisions of this Agreement set forth in Sections 6.2, 7, 14, 16 and 17 will remain in effect.

  1. Copyright Policy. We may terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or Materials on the Sites or the Applications infringe upon your copyrights, you may submit a notification pursuant to our Digital Millennium Copyright Act Policy.
  1. Third Party Sites. The Sites and the Applications may contain links to websites operated by third parties (including without limitation the third party service provider that operates our online store) (“Third Party Sites”). Some of these Third Party Sites may be “co-branded” with our logos, for example our Facebook and Twitter pages which you can access through links on the Sites or the Applications; however, these Third Party Sites are not operated or maintained by us. We do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Sites. The availability of these links on the Sites or the Applications does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. THIS AGREEMENT DOES NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE BY MEANS OF THE SITES OR THE APPLICATIONS OR A LINK LOCATED ON THE SITES OR THE APPLICATIONS, USERS SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER SITE DOCUMENTS, AND INFORM THEMSELVES OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.
  1. Disputes with Us, Choice of Law and Forum. YOU AND WE AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES, CALIFORNIA. YOU AND WE FURTHER AGREE THAT ANY DISPUTES SHALL BE RESOLVED UNDER THE SUBSTANTIVE LAW OF THE STATE OF CALIFORNIA (EXCLUSIVE OF ITS CHOICE OF LAW PROVISIONS). THE CONVENTION FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY.
  1. Warranty Disclaimer; Limitation on Liability

13.1 Disclaimer of Warranties

(a) ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SITES AND THE APPLICATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SITES AND PROVIDING THE APPLICATIONS, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SITES OR THE APPLICATIONS, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITES OR THE APPLICATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITES OR THE APPLICATIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE SITES AND THE APPLICATIONS WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SITES AND THE APPLICATIONS AND YOUR USE THEREOF.

(b) WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SITES’ OR THE APPLICATIONS’ CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SITES OR THE APPLICATIONS, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SITES OR THE APPLICATIONS OR LINKED TO BY THE SITES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR THE APPLICATIONS, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES OR THE APPLICATIONS BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES OR THE APPLICATIONS.

13.2. Limited Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITES OR THE APPLICATIONS, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.

13.3 Exceptions to Disclaimers and Liability Limitations. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN SECTIONS 14.1 AND 14.2 MAY NOT APPLY TO YOU.

  1. Indemnity. You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Sites, the Applications, Content or Materials in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
  1. Entire Agreement.This Agreement constitutes the entire agreement between you and us regarding the use of the Sites and the Applications and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.
  1. Independent Contractors. Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
  1. No Third Party Beneficiaries. This Agreement is between you and us. There are no third-party beneficiaries to this Agreement.
  1. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
  1. Non-Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of the applicable right or provision.
  1. Severability. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
  1. Assignment. We may assign our rights under this Agreement without your approval.
  1. No Modifications by Our Employees. If any of our employees offers to modify the terms of this Agreement, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
  1. Contact Information. If you have any questions about this Agreement or your account, you may contact us by email at chile@fiery-foods.com or by postal mail at P.O. Box 4980, Albuquerque, NM 87196.

Sunbelt Shows, Inc. PRIVACY POLICY

This Privacy Policy is effective as of and was last updated on July 28, 2015.

This Sunbelt Shows, Inc. (this “Privacy Policy”) is designed to inform you about the types of information that Sunbelt Shows, Inc. (“we,” “us,” or “our”) may gather or collect from you in connection with your use of the websites located at at www.fiery-foods.com, www.scovieawards.com and www.fieryfoodsshow.com (the “Sites”) and the mobile applications related to the Sites (the “Applications”). It also explains the conditions under which we use and disclose that information, and your rights in relation to that information.

By accessing, visiting or using the Sites or the Applications, you expressly consent to our collection, storage, use and disclosure of your information as described in this Privacy Policy. Please note that if you disagree with anything in this Privacy Policy, you must not use the Sites or the Applications. This Privacy Policy is part of, and is governed by, the terms and conditions set forth in our Terms of Use above.

The procedures for modifying or changing this Privacy Policy are discussed in Section 9 of this Privacy Policy.

  1. Children. The Sites and the Applications are not intended for children under 13 years of age. We do not knowingly collect or distribute personal information from or about children under the age of 13.
  1. Information Collected by Us.

2.1 Information You Directly and Voluntarily Provide to Us. We may collect information that you provide to us when you sign up to receive our press releases by email, communicate with any of our departments such as customer service, sales or technical services, or if you participate in a survey we conduct through the Sites or the Applications. Further, from time to time, we may offer you the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with promotions will be subject to the terms of the promotion, not this Privacy Policy. You will not be required to participate in any promotion.

2.2 Information That We Automatically Collect Through the Sites and the Applications. In addition to information that you directly and voluntarily provide to us, we may automatically collect information about you when you use the Sites or the Applications. We may link information we gather automatically from you with information that we directly collect from you through the Sites or the Applications. We automatically collect information from you in the following ways:

(a) Web Browsers. We automatically gather information about you that your web browser, depending on your settings, may make available to us. This information includes your Internet Protocol (“IP”) address, operating system and browser type, and the locations of the web pages you view right before arriving at, while navigating and immediately after leaving the Sites.

(b) Google Analytics. Visitors to the Sites who have javascript enabled are tracked using Google Analytics. Google Analytics collects the following types of information from users of the Sites:

  • Type of user agent (web browser) used, software manufacture and version number.
  • Type of operating system
  • Screen colors (color processing ability of the users screen)
  • Javascript support
  • Flash version
  • Screen resolution
  • Network location and IP address
  • Country, city, state, region, county, or any other geographic data
  • Hostname
  • Bandwidth (internet connection speed)
  • Time of visit
  • Pages visited
  • Time spent on each page of the website
  • Referring site statistics
  • The website (URI) the user came through in order to arrive at the Sites (example: clicking on a hyperlink from Yahoo.com that took the user to this website)
  • Search engine query used (example: typing in a phrase into a search engine like Google, and clicking on a link from that search engine)

The data collected by Google Analytics is primarily used to optimize the Sites for our visitors, however we also use this data for marketing purposes. An example of how we use this data for marketing purposes is that we tell potential advertisers how many users visit the Sites, where visitors come from, and how they arrive at the Sites.

The data we automatically collect using Google Analytics is shared with Google. For more information on Google’s Privacy Policies, visit: http://www.google.com/privacypolicy.html. You can also opt-out of having your information used by Google Analytics by following the instructions located at https://tools.google.com/dlpage/gaoptout/.

We also use Google Analytics for Display Advertising and, specifically, Google Analytics Demographics and Interest Reporting, on the Sites to help us display advertising for products or services that we think may be of interest to you. We will use demographic information we collect through our use of Google Analytics Demographics and Interest Reporting solely [for purposes of performing internal statistical analytics relating to the Sites]. You can opt-out of receiving interest-based advertisements through the Sites, as well as customize the types of advertisements that will be displayed to you through the Sites, by following the instructions located at https://support.google.com/ads.

(c) Other Third Party Services. In addition to Google Analytics, we may use other third party services to automatically collect information from you. These third party services include the services provided by Allied Digital. The information automatically collected through the Site using the Allied Digital service is used solely for our internal analytic purposes and Allied Digital is not permitted to use this information for its own purposes.

(d) Cookies. A “Cookie” is a string of information that a website stores on your computer, and your browser provides to the Sites, each time you submit a query to the Sites. We may use Cookies to track the pages that you visit during each visit to the Sites. We use the information we gather using cookies both to help us improve your experience of the Sites and to help us understand how the Sites are being used.

IF YOU DO NOT WISH TO HAVE COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSER TO REFUSE COOKIES BEFORE ACCESSING THE SITES, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE SITES MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. IF YOU REFUSE WEB COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

(e) Web Beacons. A “Web Beacon” is an object that is embedded in a web page. It is usually invisible to you but allows us to check whether you have viewed a particular web page or email communication. We may place Web Beacons on pages of the Sites and in emails we send to you. You may not decline Web Beacons.

(f) Mobile Devices. If you access the Site through a mobile device, we may also be able to identify the location of your mobile device. You may choose not to share your location details with us by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.

(g) California Do Not Track Disclosures. Your browser may allow you to adjust your browser settings so that “do not track” requests are sent to the websites that you visit. However, we will not disable tracking technology that may be active on the Sites in response to any “do not track” requests that we receive from your browser.

  1. Information Collected about You by Third Parties. The Sites and the Applications may include third-party advertising, links to other websites, and other content from third party businesses. These third-party sites, businesses, and advertisers, or advertising companies working on their behalf, sometimes use Web Beacons and Cookies to measure the effectiveness of their ads, personalize or optimize advertising content and to track users who link from their respective websites to the Sites or the Applications. These third-parties may use cookies and web beacons to track the actions of users online over time and across different web sites or platforms to deliver targeted electronic advertisements to an individual user. For information about how tracking works for online advertising purposes you can visit http://www.aboutads.info/choices. We do not have access to or control over Web Beacons or Cookies that these third parties may use, and the information practices of these advertisers and third-party websites or businesses are not covered by this Privacy Policy and are instead covered by their respective privacy policies. Before visiting a third-party website, whether by means of a link on the Sites or the Applications or otherwise, and before providing any information to any third party, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for the applicable third-party website.
  1. Information You Share on the Sites or through the Applications. Some portions of the Sites and the Applications allow you to submit comments, reviews, ratings and other information which may be displayed on the Sites or the Applications and viewed by others. We recommend that you do not post any information on the Sites or the Applications that you do not want to make available to other users of the Sites or the Applications or the public generally. YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM information you post on the Sites or the Applications.
  1. Information You Share Through Social Media Services. If you post any comments, reviews, photos or other information on our Facebook, Twitter or Pinterest pages, we may display those comments, reviews, photos or information on the Sites or the Applications. In addition, your use of these social media services may result in the collection or sharing of information about you by these social media services. We encourage you to review the privacy policies and settings on the social media services with which you interact to make sure you understand the information that may be collected, used, and shared by those social media services.
  1. Information Provided to Us by Facebook. If you want to post a comment to the Site you will need to have a Facebook account and be logged in to Facebook. By logging in to Facebook and posting a comment on the Site, you give us permission to access, store and use any information that you permit Facebook to share with us in accordance with the privacy settings that are applicable to your account with Facebook. We encourage you to review, and if necessary, adjust, your privacy settings on Facebook before posting a comment to the Site. Information that we receive from Facebook is stored and used by us in accordance with this Privacy Policy.
  1. How We Use the Information We Collect. We use the information we gather through the Sites and the Applications to help us better understand how the Sites and the Applications are being used. By identifying patterns and trends in usage, we are able to better design the Sites and the Applications to improve your experiences, both in terms of content and ease of use. We may also use this information to contact and communicate with you, including to send you information about products or services we think might of interest to you and to respond to your communications and requests.
  1. How We Share Your Information with Third Parties. We will not disclose your information to third parties unless we obtain your permission to do so at the time we collect it, except as set forth below:

8.1 DMCA Infringement Notifications, Counter Notices, Notices of Violations of Site Terms of Use. We may share your information with third parties if you submit a Digital Millennium Copyright Act (“DMCA”) Infringement Notification or Counter Notification as described in our Copyright Policy. In addition, we may share your information with third parties if we receive other notices regarding violations of our Terms of Use or other user’s rights (including communications about content stored on or transmitted through the Sites or the Applications) For notices other than DMCA Infringement Notifications and Counter Notices, upon request, we will edit out your name and contact information. However, DMCA Infringement Notifications and Counter Notifications will be forwarded as submitted to us without any deletions.

8.2 Employees, Third-Party Processors and Third-Party Service Providers. We will disclose your information to our employees, contractors, affiliates, distributors, dealers, vendors and suppliers (“Service Providers”) who provide certain services to us or on our behalf, such as operating and supporting the Sites and the Applications, analyzing data, or performing marketing or consulting services. These Service Providers will only have access to the information needed to perform these limited functions on our behalf and are prohibited from using your information for any purpose other than the purpose for which the Service Provider was engaged by us and/or as stated in this Privacy Policy.

8.3 By Law or in Response to Subpoenas or Court Orders or to Protect Rights and to Comply with Our Policies. To the extent permitted by law, we will disclose your information to government authorities or third parties if: (a) required to do so by law, or in response to a subpoena or court order; (b) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (c) we believe that you have abused the Sites or the Applications by using them to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.

8.4 Business Transfers; Bankruptcy. In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, any user information owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign your information and other information we have collected from users of the Sites or the Applications to third parties. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and you affirmatively opt-in to accept it. Any information you submit or that is collected after a transfer, however, may be subject to a new privacy policy adopted by the successor entity.

8.5 Marketing Communications. We will email you about products and services that we believe may be of interest to you. If you wish to opt-out of receiving marketing materials from us, please follow the instructions contained in each email you receive from us describing how you can opt-out or receiving further marketing communications from us.

8.6 Aggregate Information. We may share information relating to users of the Sites or the Applications with affiliated or unaffiliated third parties on an anonymous, aggregate basis. While this information will not identify you personally, in some instances these third parties may be able to combine this aggregate information with other data they have about you, or that they receive from third parties, in a manner that allows them to identify you personally.

8.7 Our Affiliates. We may share some or all of your information with our parent company, subsidiaries and corporate affiliates, joint venturers, or other companies under common control with us. We will require these entities to comply with the terms of this Privacy Policy with regard to their use of your information.

  1. Privacy Policy Changes. Because of changes in technology and the growth and development of our business, or for other business reasons, we may need to modify this Privacy Policy from time to time. We will notify you of changes to this Privacy Policy by posting the amended terms on the Sites at least thirty (30) days before the effective date of the changes. If you do not agree to the new terms, you should stop using the Site, and you will not be bound by the new terms. Otherwise, the new terms will take effect after thirty (30) days. If you are a user of one of the Applications, you will be asked to affirmatively accept the new terms in order to continue using the Application.
  1. European Safe Harbor Privacy Policy for Data Transfers from the European Union. We abide by the Safe Harbor Principles developed by the U.S. Department of Commerce and the European Commission and the Frequently Asked Questions (FAQs) issued by the Department of Commerce on July 21, 2000. This section sets forth the privacy principles that we follow with respect to transfers of Personal Information from the European Economic Area (“EEA”) to the United States. For the purposes of Section 10, “Personal Information” means information that (a) is transferred from the EEA to the United States; (b) is recorded in any form; (c) is about, or pertains to a specific individual; and (d) can be linked to that individual.

10.1 Notice. We will inform you about the purposes for which we collect and use your Personal Information, the third parties to whom we disclose your Personal Information, and the choices and means, if any, we offer you for limiting the use and disclosure of your Personal Information. We will provide you with notice of these practices in clear and conspicuous language when you are first asked to provide Personal Information to us, or as soon as practicable thereafter, and in any event before: (a) we use your Personal Information for a purpose other than that for which it was originally collected; (b) your Personal Information is processed by a transferring organization; or (c) we disclose your Personal Information for the first time to a third party. As discussed in this Privacy Policy, we will disclose your Personal Information to third parties as described in Section 8 (How We Share Your Information with Third Parties).

If you have any questions, please contact us at the following address:

President, Sunbelt Shows, Inc., P.O. Box 4980, Albuquerque, NM 87196.

10.2 Choice. Users located in the EEA may direct us not to disclose their Personal Information to third parties (other than our Service Providers or as required by law). We do not use Personal Information for purposes incompatible with the purposes for which we originally collected the information without notifying the relevant individuals of such uses and offering an opportunity to opt-out.

Notwithstanding the foregoing, we may disclose Personal Information without offering individuals the opportunity to opt-out for the reasons described in more detail in Sections 8.1, 8.3 and 8.4 above.

10.3 Data Integrity. We will use Personal Information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by you as set forth in this Privacy Policy. We will take reasonable steps to ensure that Personal Information is relevant to its intended use, accurate, complete, and current.

10.4 Onward Transfer. We may share Personal Information with Service Providers we have retained to perform services on our behalf. We require Service Providers to whom we disclose Personal Information and who are not subject to laws based on the European Union Data Protection Directive to contractually agree to provide at least the same level of protection for Personal Information as is required by the relevant Safe Harbor principles.

10.5 Security. We maintain reasonable administrative, technical and physical safeguards to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction.

10.6 Access. Upon request, we will grant individuals reasonable access to Personal Information that we hold about them for the purpose of correcting, amending, or deleting such Personal Information where it is inaccurate; provided, however, that we reserve the right to deny access or limit access in cases where the burden or cost of providing access would be disproportionate to the risks to your privacy or in the case of a vexatious or fraudulent request. If you wish to access or amend your Personal Information, please contact our Chief Privacy Officer at the address provided in Section 9.1 (Notice) above. Any of our employees who wish to review or update their Personal Information can do so by contacting their human resources representative.

10.7 Enforcement. If we become aware that the security of the Sites or the Applications has been compromised or your Personal Information has been disclosed to unrelated third parties as a result of external activity, including but not limited to security attacks or fraud, we reserve the right to take reasonable appropriate measures, including but not limited to, investigation and reporting, and notification to and cooperation with law enforcement authorities.

If we become aware that your Personal Information has been disclosed in a manner not permitted by this Privacy Policy, we will make reasonable efforts to notify you, as soon as reasonably possible and as permitted by law, of what information has been disclosed, to the extent that we know this information.

We are also subject to the jurisdiction of the US Federal Trade Commission. The Federal Trade Commission may be contacted at the following address:

Federal Trade Commission

Attn: Consumer Response Center

600 Pennsylvania Avenue NW

Washington, DC 20580

consumerline@ftc.gov

www.ftc.gov

  1. Contact Information. If you have any questions about this Privacy Policy, you may write to us by postal mail at: P.O. Box 4980, Albuquerque, NM 87196.

© 2015 Sunbelt Shows, Inc. All rights reserved

Some of the content on this site expresses viewpoints and opinions that are not those of Sunbelt Shows, Inc. Responsibility for the accuracy of information provided in stories not written by or specifically prepared for Sunbelt Shows, Inc. lies with the story’s original source or writer. Content on this site does not reflect an endorsement or recommendation of any artist or music by Sunbelt Shows, Inc.

 

 

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