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Privacy Policy

Privacy Policy

Effective Date: 26-08-2020

We are committed to protecting Your privacy. This Privacy Policy describes how We collect, use, store, share and protect the information collected through https://www.whatifup.com (the “Website”).
In this Privacy Policy, "We", "Us", and "Our" refer to Vortex Street, Inc.. For more information about Us, see “Our Details” at the end of this Policy.

This Privacy Policy is incorporated into and subject to Our Terms and Conditions. Capitalized words used but not defined in this Privacy Policy have the meaning given to them in the Terms and Conditions.

Please be advised that the practices described in this Privacy Policy apply only to information gathered online through the Website. This Privacy Policy applies where We are acting as a data controller with respect to the Personal Data of visitors, users, clients and customers (“You,” or “Your”); in other words, where We determine the purposes and means of the processing of that Personal Data.

PLEASE READ THIS PRIVACY POLICY CAREFULLY because it affects Your rights under the law. You confirm that You have read and agreed to be bound by this Privacy Policy. If You do not agree with this Privacy Policy, You cannot use, access, create or publish in the Website. This Privacy Policy may change as We continuously improve the Website, so please check it periodically.

We reserve the right to modify or amend the Privacy Policy from time to time without notice. Your continued use of the Website following the posting of changes to these terms will mean You accept those changes. If We intend to apply the modifications or amendments to this Privacy Policy retroactively or to Personal Data already in Our possession, We will provide You with notice of the modifications or amendments.

Contents

Click below to jump to any section of this privacy policy

  1. Your Data
  2. Personal Data
    1. Data We Collect
    2. How We Collect Data
  3. Personal Data On Or From Social Media
  4. Use of Personal Data
  5. Data Security
  6. Non-Personal Data
    1. Generally, We collect and store the following Non-Personal Data:
  7. Use of Non-Personal Data
  8. Personal & Non-Personal Data From Other Sources
  9. Account Data
  10. User Content Data
  11. Inquiry Data
  12. Customer Relationship Data
  13. Transactions And Payment Data
  14. Notifications Data
  15. Correspondence Data
  16. Your Data Privacy Rights
  17. Data Protection
  18. International Transfer Of The Personal Data of EU Citizens
  19. Your Choices
  20. Your Right to Access
  21. Your Right to Withdraw Consent
  22. Your Right to Update, Correct or Delete
  23. California Privacy Rights
  24. No Personal Data From Children
  25. Cookie Policy
    1. Cookie We Use
    2. Purpose Of Using Cookies
    3. Cookies Used by Our Service Providers
    4. Managing Cookies
  26. Links To Or From Another Website
  27. Public Areas
  28. Interest Based Advertising
  29. Changes And Updates
  30. Assignment
  31. Our Details

1 Your Data

Vortex Street, Inc. strives to provide you with the best possible service. In order to provide this service we may need to collect information from you from time to time. At all times we try to only collect the information we need for the particular function or activity we are carrying out and use it in accordance with this privacy policy.

We collect two basic types of information from You from Your use of the Website: Personal Data and Non-Personal Data.

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2 Personal Data

"Personal Data" means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

As a general matter, You can browse the Website without submitting Your Personal Data to Us. However, there are a number of circumstances in which You may supply Us with Your Personal Data.

2.1 Data We Collect

We collect the following Personal Data from You:

  • Full Name;
  • E-mail;
  • Phone Number;
  • Date of Birth;
  • Residential Address;
  • Mailing Address;

2.2 How We Collect Data

The following are the most common ways in which You give Your Personal Data:

  • Submission of User Content on any part of the Website that permit it;
  • Any other place in the Website where You knowingly volunteer to give Personal Data.
  • Registration for an Account on the Website;
  • Registration for a Subscription;
  • Signing up to receive e-mail newsletters or e-mail alerts from Us;
  • Signing up to receive e-mail offers from Us or Our partners;
  • Participating in surveys, panels, or market research in the Website;
  • Participating in special events and promotions in the Website;
  • Entering in contests or sweepstakes in the Website;

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3 Personal Data On Or From Social Media

When You interact with the Website or Your Account through a social media platform, such as Facebook, Twitter, Tumblr, LinkedIn, YouTube, or Pinterest, We may collect the Personal Data that You make available to Us on that page including Your account ID or handle. We will comply with the privacy policies of the corresponding social media platform and We will only collect and store such Personal Data that We are permitted to collect by these social media platforms.

Please do NOT supply any other person's Personal Data to Us, unless We prompt You to do so.

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4 Use of Personal Data

We do NOT sell or license Your Personal Data to any third party.

We may process any of Your Personal Data identified in this Privacy Policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is Our legitimate interests, namely the protection and assertion of Our legal rights, Your legal rights and the legal rights of others.

In addition to the specific purposes for which We may process Your Personal Data set out in this clause, We may also process any of Your Personal Data where such processing is necessary for compliance with a legal obligation to which We are subject, or in order to protect Your vital interests or the vital interests of another natural person.

Specifically, We use Your Personal Data for the following:

  • responding to Your queries and requests;
  • investigating complaints;
  • enforcing Our Terms and Conditions;
  • as otherwise required or authorized by law or government agency.
  • providing Goods and Services to You;
  • improving and developing Our Website;
  • processing Your requests or instructions;
  • rewards, competitions, marketing or other promotional materials;
  • tracking sales data;
  • processing Your feedback on Goods and Services;

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5 Data Security

We follow generally accepted industry standards to protect the information submitted to Us, both during transmission and once We receive it. We maintain appropriate administrative, technical and physical safeguards to protect Personal Data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Data in Our possession. This includes, for example, firewalls, password protection and other access and authentication controls.

We use HTTPS

HTTPS (Hypertext Transfer Protocol Secure) is an internet communication protocol that protects the integrity and confidentiality of data between your computer and www.whatifup.com. The use of HTTPS makes sure your communication with us is:

Encrypted — The data you exchange with us is secure from eavesdroppers. That means that when you are browsing www.whatifup.com, nobody can track your activities across multiple pages, or steal the data exchange between your computer and www.whatifup.com.

Integral — The use of HTTPS preserves the integrity of data. Your data cannot be modified or corrupted during transfer.

Authenticated — HTTPS protocol authenticates your communication with us. This ensures that you are always communicating with our servers.

However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information You transmit to Us or store on the Website, and You do so at Your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of Our physical, technical, or managerial safeguards. If You believe Your Personal Data has been compromised, please contact Us at [email protected]

If We learn of a security systems breach, then We attempt to notify You electronically so that You can take appropriate protective steps. We may post a notice through the Website if a security breach occurs.

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6 Non-Personal Data

Non-Personal Data includes information that does not personally identify You, but may include tracking and usage information about Your location, demographics, use of the Website and the internet.

When You interact with the Website, We may collect Non-Personal Data and Our servers may automatically keep an activity log of Your use of the Website.

6.1 Generally, We collect and store the following Non-Personal Data:

  • Demographic information such as age, gender, and five-digit zip code as part of collecting Personal Data;
  • Device information about Your computer, mobile device, or other device that You use to access the Website. This information may include IP address, geolocation information, unique device identifiers, browser type, browser language, and other transnational information;
  • Usage information about Your use of the Website. This information includes a reading history of the pages You view.
  • Additional “traffic information” such as time of access, date of access, software crash reports, application errors, session identification number, access times, and referring site addresses.
  • Your search terms and search results.
  • Other information regarding Your use of the Website.

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7 Use of Non-Personal Data

We may disclose or share Non-Personal Data (or other information, other than Personal Data) in any other manner that We deem appropriate or necessary.

Among other things, We will disclose Non-Personal Data to third parties to help Us determine how users use parts of the Website and who Our users are so We can improve the Website.

We will also disclose Non-Personal Data to Our partners and other third parties about how Our users collectively use the Website.

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8 Personal & Non-Personal Data From Other Sources

We may also collect and store information about You that We receive from other sources to, among other things, enable Us to update and correct the information contained in Our database and to better customize Your experience on the Website.

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9 Account Data

We may process Your Account Data ("Account Data"). The Account Data may include Your name and email address. The source of the Account Data is You. The Account Data may be processed for the purposes of operating Our Website, providing Our Services, ensuring the security of Our Website and Services, maintaining back-ups of Our databases and communicating with You. The legal basis for this processing is consent.

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10 User Content Data

We may process information that You post for publication on Our Website or through Our Services ("User Content Data"). The User Content Data may be processed for the purposes of enabling such publication and administering Our Website and Services. The legal basis for this processing is consent.

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11 Enquiry Data

We may process information contained in any inquiry You submit to Us regarding Our Goods and/or Services ("Enquiry Data"). The Inquiry Data may be processed for the purposes of offering, marketing and selling relevant Goods and/or Services to You. The legal basis for this processing is consent.

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12 Customer Relationship Data

We may process information relating to Our customer relationships, including customer contact information ("Customer Relationship Data"). The Customer Relationship Data may include Your name, Your contact details, and information contained in communications between You and Us. You are the source of the Customer Relationship Data. The Customer Relationship Data may be processed for the purposes of managing Our relationships with customers, communicating with customers, keeping records of those communications and promoting Our Goods and Services to customers. The legal basis for this processing is Our legitimate interests, namely the proper management of Our customer relationships.

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13 Transactions And Payment Data

We may process information relating to transactions, including purchases of Goods and Services, that You enter into with Us and/or through Our Website (“Transaction Data”). The Transaction Data may include Your contact details, Your card details, the transaction details, and/or your authentication details. The Transaction Data may be processed for the purpose of supplying the purchased Goods and Services and keeping proper records of those transactions. The legal basis for this processing is our legitimate interests, namely the proper administration of Our Website and business and a contract between user and you or taking steps at user request to enter a contract.

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14 Notifications Data

We may process information that You provide to Us for the purpose of subscribing to Our email notifications and/or newsletters ("Notification Data"). The Notification Data may be processed for the purposes of sending You the relevant notifications and/or newsletters. The legal basis for this processing is consent.

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15 Correspondence Data

We may process information contained in or relating to any communication that You send to Us ("Correspondence Data"). The Correspondence Data may include the communication content and metadata associated with the communication. Our Website will generate the metadata associated with communications made using the Website contact forms. The Correspondence Data may be processed for the purposes of communicating with You and record-keeping. The legal basis for this processing is Our legitimate interests, namely the proper administration of Our Website and business and communications with users.

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16 Your Data Privacy Rights

If You are a citizen of the EU, We have summarized the rights that You have under the General Data Protection Regulation (GDPR) in this Section. Some of the rights are complex, and not all of the details have been included in Our summaries. Accordingly, You should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

Right to Access. You have the right to confirmation as to whether or not We process Your Personal Data and, where We do, access to the Personal Data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of Personal Data concerned and the recipients of the Personal Data. Providing the rights and freedoms of others are not affected, We will supply to You a copy of Your Personal Data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access Your Personal Data by visiting https://whatifup.com/requestdata when logged into Our Website.

Right to Rectification. You have the right to have any inaccurate Personal Data about You rectified and, taking into account the purposes of the processing, to have any incomplete Personal Data about You completed.

Right to Erasure. In some circumstances You have the right to the erasure of Your Personal Data without undue delay. Those circumstances include: the Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; You withdraw consent to consent-based processing; You object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the Personal Data have been unlawfully processed.

However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.

Right to Restrict Processing. In some circumstances You have the right to restrict the processing of Your Personal Data. Those circumstances are: You contest the accuracy of the Personal Data; processing is unlawful but You oppose erasure; We no longer need the Personal Data for the purposes of Our processing, but You require Personal Data for the establishment, exercise or defense of legal claims; and You have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, We may continue to store Your Personal Data. However, We will only otherwise process it: with Your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

Right to Object to Processing. You have the right to object to Our processing of Your Personal Data on grounds relating to Your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in Us; or the purposes of the legitimate interests pursued by Us or by a third party. If You make such an objection, We will cease to process the Personal Data unless We can demonstrate compelling legitimate grounds for the processing which override Your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.

You have the right to object to Our processing of Your Personal Data for direct marketing purposes (including profiling for direct marketing purposes). If You make such an objection, We will cease to process Your Personal Data for this purpose.

You have the right to object to Our processing of Your Personal Data for scientific or historical research purposes or statistical purposes on grounds relating to Your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

Right to Data Portability. To the extent that the legal basis for Our processing of Your Personal Data is consent, or that the processing is necessary for the performance of a contract to which You are party or in order to take steps at Your request prior to entering into a contract, and such processing is carried out by automated means, You have the right to receive Your Personal Data from Us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

Right to Complain to a Supervisory Authority. If You consider that Our processing of Your Personal Data infringes data protection laws, You have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of Your habitual residence, Your place of work or the place of the alleged infringement.

Right to Withdraw Consent. To the extent that the legal basis for Our processing of Your Personal Data is consent, You have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

You may exercise any of Your rights in relation to Your Personal Data through written notice to Us. See Our Contact Details at the end of this Policy.

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17 Data Protection

If You are located in the European Economic Area, Your Personal Data will be processed by Vortex Street, Inc.. As part of providing the Website, this Personal Data may be transferred to other regions, including to Canada and the United States. Such transfers will be completed in compliance with relevant Data Protection Legislation.

When Vortex Street, Inc. processes Personal Data in the course of providing the Website, Vortex Street, Inc. will:

  • process the Personal Data as a Data Processor, only for the purpose of providing the Website in accordance with documented instructions from You (provided that such instructions are commensurate with the functionalities of the Website), and as may subsequently be agreed to by You. If Vortex Street, Inc. is required by law to Process the Personal Data for any other purpose, Vortex Street, Inc. will provide You with prior notice of this requirement, unless Vortex Street, Inc. is prohibited by law from providing such notice;
  • notify You if, in Vortex Street, Inc.’s opinion, Your instruction for the processing of Personal Data infringes applicable Data Protection Legislation;
  • notify You promptly, to the extent permitted by law, upon receiving an inquiry or complaint from You or a Supervisory Authority relating to Vortex Street, Inc.’s Processing of the Personal Data;
  • implement and maintain appropriate technical and organisational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected;
  • provide You, upon request, with up-to-date attestations, reports or extracts thereof where available from a source charged with auditing Vortex Street, Inc.’s data protection practices (e.g. external auditors, internal audit, data protection auditors), or suitable certifications, to enable You to assess compliance with the terms of this Privacy Policy;
  • notify You promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;
  • ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the Personal Data; and
  • upon termination of the Terms, Vortex Street, Inc. will promptly initiate its purge process to delete or anonymize the Personal Data. If You request a copy of such Personal Data within 60 days of termination, Vortex Street, Inc. will provide You with a copy of such Personal Data.

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18 International Transfer Of The Personal Data of EU Citizens

In this Section, We provide information about the circumstances in which Personal Data of citizens of the European Union may be transferred to countries outside the European Economic Area (EEA).

We have offices and facilities in United States.The European Commission has made an "adequacy decision" with respect to the data protection laws of United States. Transfers to United States will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission. A copy of the use of standard protection clauses adopted or approved by the European Commission can be obtained through: ec.europa.eu

The hosting facilities for Our Website are situated in United States. The European Commission has made an "adequacy decision" with respect to the data protection laws of United States. Transfers to United States will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission. A copy of the use of standard protection clauses adopted or approved by the European Commission can be obtained through: ec.europa.eu

You acknowledge that Personal Data that You submit for publication through Our Website or Services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such Personal Data by others.

The legal basis for this processing is Our legitimate interests, namely the proper administration of Our Website and business and communications with users.

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19 Your Choices

In general, if You register on the Website, You may update the information You have provided to Us.

When You register on the Website, You may be able to indicate Your preferences regarding marketing communications. You may be able to change those preferences and select the categories of communications that interest You.

You will not be able to opt-out of receiving certain service-related or transactional communications relating to the Website unless You cancel Your registration or subscription.

Even after Your account is cancelled, We may retain Your information for the purposes set forth in this Privacy Policy.

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20 Your Right to Access

We provide You with reasonable access to the Personal Data that You may provide through the Website.

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21 Your Right to Withdraw Consent

At any time, You may legitimately object to the processing of Your Personal Data, except if otherwise provided by applicable law. You may decline to share certain Personal Data with Us, in which case We may not be able to provide to You some of the features and functionality of the Website.

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22 Your Right to Update, Correct or Delete

You may update, correct, or delete Your Account Data and preferences at any time by accessing Your Account settings page on the Website. If You wish to access or amend any other Personal Data We hold about You, or to request that We delete any information about You that We have obtained from an Integrated Service, You may contact Us. Please note that while any changes You make will be reflected in active user databases instantly or within a reasonable period of time, We may retain all information You submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where We otherwise reasonably believe that We have a legitimate reason to do so.

We will however retain Your information needed for administrative and transactional communications.

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23 California Privacy Rights

If You are a California resident, California Civil Code Section 1798.83 permits You to request and obtain from We, information regarding the disclosure of Your Personal Data to the third parties for direct marketing purposes in the preceding calendar year, free of charge, once a year.

We do not share Your Personal Data with third parties for those parties' direct marketing use. For more information about Our privacy and data collection policies, You may wish to review Our Privacy Policy.

California residents, who are under 18 and are registered users of We, are allowed to request and have removed, any content or information that they have posted publicly. However, in cases where the law does not require or allow the removal of information, this may not be applicable. This is under California Business and Professions Code Section 22581.

California Tracking Disclosure: We track the personally identifying information of Our users and visitors over time and across third party websites to provide targeted advertising. We respond to Do Not Track (DNT) signals. We act when:

Our users may be consumers residing in California.

Some other third-party websites may also keep track of Your browsing activities so that they can tailor the information or advertising they present to You. If You wish to opt out of this tracking, You can enable privacy settings in Your browser.

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24 No Personal Data From Children

We do not knowingly collect Personal Data from children under 13 years of age in the USA or 16 years of age in the European Union. The Website is not directed to children under the age of 13 in the USA or 16 in the European Union. We will not knowingly allow children under 13 in the USA or 16 in the European Union to register for or become users of the Website.

If You are under 13 in the USA or 16 in the European Union years of age, You should not provide Personal Data to Us.

If We discover that a child under the age of 13 in the USA or 16 in the European Union has provided Us with Personal Data and We do not have parental consent, We will immediately delete that child’s information.

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25 Cookie Policy

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

Cookies do not typically contain any information that personally identifies a user, but Personal Data that We store about You may be linked to the information stored in and obtained from cookies.

25.1 Cookie We Use

Session Cookies

These are temporary cookies that contain no expiration date and  are deleted after the users browser is closed. You will be required to log in again at the next session, where you will be treated as a new user

Session cookies examples: Shopping cart, remembering previous actions, managing and passing security tokens, multimedia content player session cookies, load balancing session cookies and third party social content plug in sharing cookies

Persistent Cookies

These are cookies which are saved in your browser until they are deleted by the you or are deleted by your browser after they reach their expiration date.

Persistent cookies examples: Authentication, language selection, theme selection, favorites, internal site bookmarks, menu preferences, address and payment information.

Functionality Cookies

Functionality cookies allow us to remember choices that have been made by you in order to create an experience that’s made to fit. These cookies safely store authentication and identification information, for example your language selection or region.

Performance Cookies

Performance cookies allow us to collect information, such as the most used pages or error messages, in order to understand how you use our website and enable us to create a better user experience. All information collected by performance cookies in anonymous.

Advertisement Tracking Cookies

Advertising tracking cookies are third party cookies used by advertisers to enable them to tailor their advertising to you. Information is collected from your browser about the types of websites you visit in order to offer advertisements which will most likely interest you. The cookies are placed by our advertisers with our permission.

Affiliate Tracking Cookies

When you come to us via an affiliate link a cookie is stored on your browser and this cookie is used to track the affiliate referral. We require this cookie in order to pay commission to the referrer.

25.2 Purpose Of Using Cookies

Authentication - We use cookies to identify You when You visit Our Website and as You navigate Our Website;

Personalization - We use cookies to store information about Your preferences and to personalize the Website for You;

Security - We use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect Our Website and Services generally;

Advertising - We use cookies to help Us to display advertisements that will be relevant to You;

Cookie Consent - We use cookies to store Your preferences in relation to the use of cookies more generally.

25.3 Cookies Used by Our Service Providers

Our service providers use cookies and those cookies may be stored on Your computer when You visit Our Website.

Google Analytics. We use Google Analytics to analyse the use of Our Website. Google Analytics gathers information about Website use by means of cookies. The information gathered relating to Our Website is used to create reports about the use of Our Website. Google's privacy policy is available at: https://www.google.com/policies/privacy/.

25.4 Managing Cookies

You can disable cookie tracking and learn more about the privacy policies of the third parties We use by visiting the following links:

Third Party

Opt Out Page

Privacy Policy

Google Analytics

Opt Out

Privacy Policy

Facebook Ads

Opt Out

Privacy Policy

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26 Links To Or From Another Website

The Website may contain links to other sites operated by Our affiliates or third parties. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through these other sites. We are not responsible for the actions and privacy policies of third parties and other sites.

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27 Public Areas

Please remember that any information You share in public areas, such as message boards or feedback sections, becomes public and anyone may take and use that information. Please be careful about what You disclose and do not post any Personal Data that You expect to keep private. Please consult the applicable guidelines, if any, for use of Our chat rooms and other community areas for more information.

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28 Interest Based Advertising

To help ensure that You receive ads that are relevant to Your interests on the Website, Our advertisers’ services, and elsewhere on the Internet, We and third parties (including service providers, advertisers, and advertising companies) may collect information about Your online activities over time and across different sites, apps, and devices. We and third parties may use that information to help understand audience segments. Advertisers may use the segments to determine the audience groups to which they wish to deliver particular ads. Through this process, We do not use information that directly identifies You.

Opt Out. You can opt out of receiving interest-based advertising on Your computer or laptop from some companies, including Us and Our service providers. 

If You wish to opt out of receiving interest-based advertising on Your mobile device, please see the advertising preferences information on support.apple.com for iOS devices or support.google.com for Android devices.

Opting out does not mean You will no longer receive advertising. It means that the company or companies from which You opted out will no longer deliver ads tailored to Your web preferences and usage patterns.

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29 Changes And Updates

Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which We may update from time to time. If We modify the Privacy Policy, We will make it available through the Website, and indicate the date of the latest revision. Any material changes will be posted on this Website and will come into effect 30 Days after their posting.

In the event that the modifications materially alter Your rights or obligations hereunder, We will make reasonable efforts to notify You of the change. For example, We may send a message to Your email address, if We have one on file, or generate a pop-up or similar notification when You access the Website for the first time after such material changes are made. If You do not refuse the changes in writing before they become effective, this shall mean that You have consented to the Privacy Policy as changed. Your continued use of the Website after the revised Privacy Policy has become effective indicates that You have read, understood and agreed to the current version of the Privacy Policy.

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30 Assignment

We may change Our ownership or corporate organisation while providing the Website and Services. We may also sell certain assets associated with the Website. As a result, please be aware that in such event, We may transfer some or all of Your information to a company acquiring all or part of Our assets or to another company with which We have merged. Under such circumstances We would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Policy, as it may be amended from time to time. Nevertheless, We cannot promise that an acquiring company or the merged company will have the same privacy practices or treat Your information the same as described in this Privacy Policy.

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31 Our Details

If you have questions or concerns regarding this policy or if you need to make a request please contact us at:

Mail:

P.O. Box 2288 80437 Evergreen CO United States

E-mail:

[email protected]

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ANOTHER FORMAT (SAME CONTENT)

 VORTEX STREET, INC.

Introduction

Welcome to www.whatifup.com (the "Website").

These Terms and Conditions ("Agreement") are a legal agreement that explain the terms and conditions that all visitors, users, clients and customers ("You", or "Your") must comply with when using the Website. By using the Website, You agree to abide by all of the terms and conditions in this Agreement.

This Agreements incorporates Our Privacy Policy and Disclaimer.

These Terms and Conditions outline the rules and regulations for the use of www.whatifup.com. PLEASE READ THIS AGREEMENT CAREFULLY because it affects Your rights and liabilities under the law. By using or accessing the Website, You confirm that You have read and agreed to be bound by this Agreement. If You do not agree with this Agreement, You cannot use or access the Website.

These Terms and conditions are governed by the law of Colorado, USA

Contents

Click below to jump to any section

  1. Definitions
  2. User Rights and Responsibility
    1. Acceptable use
    2. Prohibited Use
  3. Our Content
  4. Trademarks/ No Endorsement
  5. User Content
  6. Right To Takedown Content
  7. Advertising Rights
  8. Your Account
  9. Subscription Based Services
    1. Subscription Fees
    2. Ongoing Subscription and Cancellation
    3. Payments Based on Usage
  10. Right to Withdrawal
  11. Ecommerce
    1. Billing
    2. Refunds
  12. Website Information
  13. Security
  14. Links to this Website
  15. Third Party Links
  16. Intellectual Property Rights
  17. Copyright Notice
  18. Disclaimers
  19. Limitation of Liability
  20. Indemnity
  21. Release
  22. Communication
  23. Dispute Resolution and Arbitration
  24. Termination
  25. Consequences of Termination or Expiration
  26. Revisions
  27. Force Majeure
  28. Minimum Age Requirements
  29. General
  30. User Feedback
  31. Notice for California Users
  32. Contact Us

1 Definitions

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all agreements:

"Account" refers to the account that You have to create in the Website to log in, use, and access some parts of the Website.

"Company," "Us," "We," and "Our" refers to Vortex Street, Inc..

"Content" is the information displayed at the Website including without limitation text, data, code, images, photographs, graphics, software, designs and any other materials that are available at the Website.

"Goods" means all goods that We supply and make available to You as detailed in the Invoice.

"Invoice" is a list of the Goods sent or the Services We provide to You, detailing individual amounts of Goods or Services plus a sum total.

"Party" refer to either You, or Us, or any other party to this Agreement. "Parties" refer to both You and Us.

"Services" refer to any work We perform for You.

"Supply" means to provide the Goods or Services as per the Invoice.

"You" and "Your" refer to the visitor, user, client, customer or person accessing the Website and thus accepting this Agreement.

"User Content" refers to the content which has been created by Our users.

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2 User Rights and Responsibility

2.1 Acceptable use

  • Vortex Street, Inc. will not be held liable should the website be unavailable for any amount of time.
  • You are responsible for the safety and confidentiality of your passwords and usernames. Vortex Street, Inc. has the right to terminate or suspend your username and password should we suspect non compliance by you.
  • You are not a minor in the jurisdiction in which you reside.
  • You will not use any meta tags or any other "hidden text" utilizing Our name or trademarks without Our express written consent.
  • The Website and/or any portion of the Website may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Our express written consent.
  • Your use and access of the Website does not include any right of resale or commercial use of the Website or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
  • You must use our website for lawful purposes only.
  • We encourage a free and open exchange of ideas in a climate of mutual respect. Any action by a user that infringes on another user's right to use and enjoy the Website is prohibited. We reserve the right, but do not assume any obligation, to monitor Your online conduct to enforce this Agreement.

2.2 Prohibited Use

While using our service the following terms must be adhered to:

  • to transmit or send unsolicited or unauthorized advertising or promotional material in any form.
  • Disrupt or attempt to disrupt Our servers in any way that could cause harm to the Website.
  • Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (a) disrupt, damage, or limit the functioning of the Website, any software, hardware, or telecommunications equipment used in connection therewith; or (b) damage or obtain unauthorized access to any data or other information of any third party.
  • Harass, abuse, threaten or incite violence towards any individual or group.
  • in any way that breaks or breaches applicable local, national or international laws or regulations.
  • in any way which is fraudulent or unlawful.
  • Hold Yourself out as sponsored by, endorsed by, or affiliated with Us or the Website.
  • Interfere with any other person's use of or the proper functioning of the Website.
  • Misrepresent Your identity or impersonate any person.
  • Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Us.
  • Provide any information that is false, misleading or inaccurate.
  • Use any portion of the Website for any unlawful purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances and regulations.
  • Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  • Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available User Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
  • Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
  • Violate the privacy of any third party, this includes, but is not confined to, posting personal information about another person or entity without consent.

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3 Our Content

Except for User Content as defined in User Content clause below, all of the content featured or displayed on the Website, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations ("Our Content"), are owned by Us, Our licensors, vendors, agents and/or Our content providers. All elements of the Website, including without limitation the general design and Our Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.

The Website, Our Content and all related rights shall remain Our exclusive property or of Our licensors unless otherwise expressly agreed.

You will not remove any copyright, trademark or other proprietary notices from material found on the Website.

Except as may be otherwise indicated in specific documents within the Website or as permitted by copyright law, You are authorized to view, play, print and download copyrighted documents, audio and video found on Our Website for personal, informational, and noncommercial purposes only.

Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website.

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4 Trademarks/ No Endorsement

All of Our trademarks, service marks and trade names used herein (including but not limited to: the Vortex Street, Inc. name, Vortex Street, Inc. logo, the Website name, the Website design, and any logos) (collectively "Marks") are Our trademarks or registered trademarks or of Our affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Our prior written consent. The use of Our trademarks on any other site or network computer environment is not allowed. We prohibit the use of Our trademarks as a "hot" link on or to any other site, unless We have approved in advance the establishment of such a link. You shall not use Our name or any language, pictures or symbols which could, in Our judgment, imply Our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

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5 User Content

You may be able, as dictated by the functionality of the Website, to submit or to otherwise make available messages, e-mails, photographs, videos and other content for display on the Website ("User Content").

You shall be solely responsible for Your own User Content and the consequences of posting or publishing them. The Website merely acts as a passive conduit for Your online distribution and publication of User Content.

Without limiting any of Our rights in law and equity, We reserve the right to remove any User Content for any reason in Our sole discretion, including any User Content that We believe may violate this Agreement, or any copyright or third-party rights.

By submitting or otherwise making available any User Content to the Website, You automatically grant Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, sub-licensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes and in connection with advertising for the sole benefit of the Website (collectively, "Use"), in any type of media or in any form now known or later developed, without any payment to You. In addition, You automatically waive and give up any claim that any use of such content violates any of Your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way the Website uses such content. You also grant Us and the Website the right to use any material, information, ideas, concepts, know-how, or techniques contained in any communication You provide, submit, or otherwise make available to the Website or to Us for any purpose whatsoever, including, without limitation, commercial purposes. By submitting User Content, You automatically warrant and represent to Us that You are the owner of all intellectual property rights in and to the User Content or that You otherwise have all sufficient rights to grant the license above.

By submitting User Content, You further warrant and represent that the User Content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest.

User Content does not represent Our views or any individual associated with Us, and We do not control User Content. In no event shall You represent or suggest, directly or indirectly, Our endorsement of User Content. We do not vouch for the accuracy or credibility of any User Content on Our Website, and do not take any responsibility or assume any liability for any actions You may take as a result of reading User Content on Our Website.

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6 Right To Takedown Content

You shall remain solely responsible for Your User Content and We shall have no obligation to prescreen any such content. However, We shall have the right in Our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Website at any time without notice. Without limiting the foregoing, We shall have the right to remove any material that We find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any User who fails to conform to any provision of this Agreement access to the Website.

If You wish to remove Your User Content from the Website, please send Us an email to [email protected] We will remove Your User Content within 10 business days of receiving Your request. However, We may retain copies of Your User Content, not accessible to the public, on Our backup servers even after You request removal.

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7 Advertising Rights

We reserve the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with User Content. We and Our licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in this Agreement obligates or may be deemed to obligate Us to sell, license or offer to sell or license any advertising, promotion or distribution rights.

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8 Your Account

In consideration of Your use of the Website, You will:

  • provide true, accurate, current and complete information about Yourself as prompted by the Website's registration page (such information being the “Account Data”); and
  • maintain and promptly update the Account Data to keep it true, accurate, current and complete.

You are entirely responsible for the security and confidentiality of Your password and Account. You will not share Your Account Data or Your username and password with any third party or permit any third party to login to the Website using Your Account Data. Furthermore, You are entirely responsible for any and all activities that occur under Your Account. You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services and Website.

You agree to immediately notify Us of any unauthorized use of Your Account or any other breach of security of which You become aware.

The Website may also include a tool that allows You to sign in or register using information from Your accounts in third party services, such as Facebook, Twitter, Google, Yahoo, or LinkedIn. These third-party services are not related to the Website, and Your use of such third-party services is subject to the terms and policies of those services.

For more information on how We collect, store, use, and share Your Account Data, please check Our Privacy Policy

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9 Subscription Based Services

9.1 Subscription Fees

If You have subscribed to a paid subscription and upgraded to a higher subscription, You will be billed for the Subscription fees of the paid subscription at the start of its subscription period.

You may downgrade Your subscription at any time. If You choose to downgrade, You may lose access to some content and Services in the Website.

Subscription fees are subject to change at the end of each Subscription period. We will inform of such changes before the new Subscription fees take effect. Your continued use of the Subscription means that You agree to such changes.

9.2 Ongoing Subscription and Cancellation

Fees for monthly or annually Subscription and payment plans are billed in advance, on a monthly or annually basis.

The Subscription will remain active during the Subscription period. There will be no refunds or credits for partial use, non-use, or downgrade of the Subscription during the Subscription period. No exceptions will be made.

If You have subscribed, Your Subscription will continue in effect after Your initial subscription Period, unless and until You cancel Your Subscription or Account, or Subscription is otherwise suspended or discontinued. You must cancel Your Subscription before it renews in order to avoid any additional charges.

9.3 Payments Based on Usage

If You choose to purchase goods or avail of services or features outside of Your Subscription, You will pay for such goods or services or features based on Your actual usage in the preceding month. Monthly payments for such goods or services or features will be charged on a periodic basis in arrears.

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10 Right to Withdrawal

If You are a consumer in the EU, You may withdraw Your Subscription or purchase within 14 days from the date that You made payment (“Cooling Off Period”), without giving any reason for doing so. Whenever applicable, You have the rights and protection provided by the laws of Your country and/or in the EU.

You must notify Us about using Your withdrawal right through Our contact details in this policy.

Your withdrawal is effective if You sent it within the Cooling Off Period, even if we receive it later.

We will send You a confirmation email within 14 days from Our receipt of Your application to withdraw.

We will gladly accept the return of the goods purchased if (a) it is returned within 14 days from the date of purchase (“Return Period”), (b) all tags are not tampered, and (c) it is in the same condition and box as it was sent to You.

In the event of effective withdrawal, You will be refunded with the fees and/or purchase price, less the processing fees and administration charge of $0 within 14 days after we have confirmed that the withdrawal is valid.

If You use the goods or services within the 14-day cancellation period, we will charge You for Your use until You send Us Your withdrawal application.

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11 Ecommerce

11.1 Billing

We have engaged the services of Stripe (“Payment Processor”) to collect and manage Your payments. You acknowledge and agree that the Payment Processor will perform the following for Us:

  • credit and background verification of Our potential customers
  • access updated payment reports;
  • credit administration, management and collection;
  • legal assistance in credit recovery;
  • assessment of Our customers’ dependability; and
  • receive, facilitate and assign Your credit that is due to Us;

The Payment Processor is responsible and We shall not be liable for any matter in connection with the processing of Your payments.

You agree to notify Us or the Payment Processor about any billing problems or discrepancies within 60 days after they first appear on Your Account statement. If You do not do so within 60 days, You agree that You waive Your right to dispute such problems or discrepancies.

We may partner with and use other third party payment service providers to handle all payments. We will notify You of such change by e-mail not less than 30 days before it takes effect.

11.2 Refunds

We will refund the payments within 30 days of purchase if You are not 100% satisfied with Our product or service.

All refunds will only be issued to the original form of payment.

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12 Website Information

We attempt to ensure that information on the Website is complete, accurate and current. Despite Our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Website.

Through Your use of the Website, You may be exposed to content that You may find offensive, objectionable, harmful, inaccurate or deceptive. By using Our Website, You assume all associated risks.

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13 Security

Information provided by you through www.whatifup.com is stored on a secured private server. While we have taken reasonable precautions to protect your personal information, no security system is impenetrable and we cannot guarantee the security of information that you provide to us via the Internet, through our Website, through online ordering, or in databases stored on our servers.

Our online ordering functionality employs Secure Sockets Layer (SSL) software, the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information. Please see our Privacy Policy for full details on security.

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14 Links to this Website

Running or displaying the Website or any information or material displayed on the Website in frames or through similar means on another site without Our prior written permission is prohibited.

We grant You a nonexclusive right to display at Your site any link that would permit any user to go from Your site to Our Website. You obtain no rights other than the right to link to Our Website. Further, We do not guarantee, approve, or endorse the information or products available on Your site.

You agree to not use and display the links in such a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Us. You agree to not use the links in any manner that is likely to reduce, diminish or damage the goodwill, value or reputation associated with Us. You warrant that Your site does not include any material, and does not contain links to sites displaying any material, which is harmful, pornographic, abusive, hateful, obscene threatening, defamatory, or which encourages illegal activity. Upon notice from Us, You shall promptly remove the links.

If Your wish to obtain written consent from Us, please contact us using our contact page

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15 Third Party Links

From time to time, the Website may contain links to sites that We and Our affiliates do not own, operate nor control. All such links are provided solely for Your convenience. If You use these links, You will leave the Website. Neither We nor any of Our respective affiliates are responsible for any content, material or other information located on or accessible from any other site. Neither We nor any of Our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other site, or any content, materials or other information located or accessible from any other site, or the results that You may obtain from using any other site.

We do not control, endorse, sponsor or approve of the third parties or their content not do We take any responsibility for any aspect of these websites or their content. If You decide to access any other site linked to or from this Website, You do so entirely at Your own risk. You agree to be aware when You leave the Website and to read the privacy statements of these sites. You will evaluate the security and trustworthiness of any site connected to or accessed through the Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure of personal information to those third-party sites.

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16 Intellectual Property Rights

We claim copyright and all other intellectual property rights to all the material on the Website, including, but not limited to the words, information, graphics, designs, logos, trademarks, photographs, icons, drawings and text.

Our intellectual property is protected under copyright, trademark and other intellectual property laws.

As part of this Agreement, You agree to not reproduce, distribute, sell, publish or broadcast any of the material found on this Website without Our prior written consent.

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17 Copyright Notice

All Website design, graphics, text selections, arrangements, and all software are of Copyright © 2020, Vortex Street, Inc. or its licensors. ALL RIGHTS RESERVED.

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18 Disclaimers

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER US, NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

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19 Limitation of Liability

We do not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect Your computer, telecommunication equipment, or other property caused by or arising from Your access to, use of, or browsing the Website, or Your downloading of any information or materials from this Website. IN NO EVENT WILL WE, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE VALUE OF YOUR SUBSCRIPTION OR PURCHASE MADE ON THE WEBSITE.

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20 Indemnity

You agree to defend, indemnify and hold Us and any of Our affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Website or the internet or Your placement or transmission of any message or information on this Website by You or Your authorized users; (b) Your violation of any term of this Agreement, including without limitation, Your breach of any of the Representations and Warranties above; (c) Your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) Your violation of any law, rule or regulation of USA or any other country; (e) any claim or damages that arise as a result of any User Content that You provide to Us; or (f) any other party’s access and use of the Website with Your unique username, password or other appropriate security code.

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21 Release

In the event that You have a dispute with one or more other visitors, users, customers, or clients of the Website, You release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

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22 Communication

We reserve the right to send You an electronic mail for the purpose of informing You of changes or additions to the Website or this Agreement.

Except as disclosed in Our Privacy Policy, We will not monitor, edit, or disclose the contents of Your e-mail, unless required in the course of normal maintenance of the Website and its systems, or unless required to do so by law or in the good-faith belief that such action is necessary to: (a) comply with the law or comply with legal process served on Us or the Website; (b) protect and defend Our rights or property of, the Website, or the users of the Website; or (c) act in an emergency to protect the personal safety of Our guests, the Website, or the public.

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23 Dispute Resolution and Arbitration

You and We agree to the following dispute resolution process for any legal controversy or legal claim arising out of or relating to this Agreement, the Website, any subscription to the Website or any other aspect of Our relationship (“Subject Legal Claim”).

To help resolve any issues between Us promptly and directly, You and We agree to begin any arbitration within 15 days after a Subject Legal Claim arises; otherwise, the Subject Legal Claim is waived.

In an attempt to find the quickest and most efficient resolution of Our issues, You and We agree to first discuss any issue informally for at least 15 days. To do that, please send Your full name and contact information, Your concern and Your proposed solution by email to Us at [email protected] If We should need to discuss an issue with You, We will contact You using the email or mailing address on Your Account.

If We do not reach an agreed upon solution after Our discussions for at least 15 days, You and We agree that any Subject Legal Claim that either of Us may have must be resolved through binding individual arbitration in Colorado, USA in accordance with American Arbitration Association.

There are two limited exceptions to this Dispute Resolution and Arbitration provision: (a) either Party may pursue in small claims court any action that is within that jurisdiction, as long as the case proceeds on an individual basis only; (b) either Party may seek to enforce its patents, trademarks, copyrights or trade secrets in an appropriate state or federal court.

You and Us also agree to arbitrate in each of Our individual capacities only, not as a representative or member of a class, and each of Us expressly waives any right to file a class action or seek relief on a class basis.

You may download a form Notice to initiate arbitration at www.adr.org. If You initiate the arbitration, Your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. It is important that You understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.

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24 Termination

We may terminate this Agreement:

  • for any or no reason during any free use of the Websites or Services;
  • if You breach any of the terms of this Agreement, and that breach is not remediable;
  • if You breach any of these terms of this Agreement and that breach is not remedied within 0 of receiving written notice of the breach;
  • if You have failed to pay any due charges by the stated date.

We may also block Your access to Our Website in the event that:

  • You breach this Agreement;
  • We are unable to verify or authenticate any information You provide to Us; or
  • We believe that Your actions may cause financial loss or legal liability for You, Our users or Us.

You may terminate Your use of the Website or the Services by contacting Us through our contact details in this policy. The termination request will be subject to Our verification of Your ownership of the Account.

In terminating Your Account, You shall be liable to pay all fees and charges that have accrued up until the termination takes place. You are personally liable for any orders placed or charges incurred through Your Account prior to termination.

Either Party may terminate the Agreement:

Upon 0 days' written notice to the other party of a material breach, if such breach remains uncured at the expiration of such period;

If the other party becomes the subject of petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

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25 Consequences of Termination or Expiration

Upon the effective date of termination or expiration of this Agreement:

  • All rights, Subscriptions and licenses granted to You shall be terminated immediately.
  • You will immediately cease use of and/or access to the Account, Website, and the Services.
  • We will suspend or terminate Your access to the Website and Services.
  • We will suspend or terminate access to any or all of the data to the extent permitted by law

The termination or expiry of this Agreement shall not affect any of Our accrued rights and liabilities at any time up until the date of termination.

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26 Revisions

This Agreement is subject to Our revision and changes from time to time. Your continued use of the Website after the revision and changes will mean that You agree, without qualification, to the revised Agreement.

If You are a registered Subscriber of the Website, You will be notified of material revisions to this Agreement via an e-mail message to the e-mail address that You provided at registration or that You have since updated.

If You are not a registered Subscriber of the Website, then You can review revisions to this Agreement by regularly checking this page.

Material revisions to this Agreement will be indicated by an updated effective date at the top left corner of this page and by a notice posted on the homepage of the Website.

It is Your responsibility to remain apprised of any revisions to this Agreement and to remain in compliance therewith.

Should You object to any such revisions to this Agreement or become dissatisfied with the Website in any way, Your only recourse is to immediately terminate Your membership or discontinue use of the Website. Otherwise, continuing to use, visit, access or use the Website after the effective date means that You agree to be bound by any and all revisions.

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27 Force Majeure

We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond Our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; epidemics, pandemics; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

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28 Minimum Age Requirements

Our Website is not directed to children. Access to and use of Our Website is only for those who are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements. If You are younger than this, You may not register for or use Our Website.

Any person who registers as a user or provides their personal information to Our Website represents that they are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements.

In agreeing with this Agreement, You represent and warrant that You are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements.

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29 General

Jurisdiction and Choice of Law. Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the state of Colorado, USA. You consent to the exclusive jurisdiction of the state and federal courts located in Evergreen, Colorado, USA.

Entire Agreement. This Agreement and the other agreements stipulated to be incorporated herein are the entire agreement between You and Us and supersede any prior understandings or agreements (written or oral).

A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Assignment. You agree that this Agreement and all incorporated agreements may be automatically assigned by Us in Our sole discretion. You cannot assign this Agreement without Our written consent.

Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

No Waiver. Our failure to act with respect to Your or others’ breach does not waive Our right to act with respect to subsequent or similar breaches.

Survival. Clauses “Trademarks/No Endorsement”, “Advertising Rights”, “Intellectual Property Rights”, “DISCLAIMERS”, “LIMITATIONS OF LIABILITY”, “Indemnity”, “Release”, “Communications”, and “Dispute Resolution and Arbitration” shall survive any termination or expiration of this Agreement.

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30 User Feedback

We welcome and encourage You to provide feedback, comments, and suggestions for improvements of the Website (“Feedback”). You may submit Feedback by emailing Us at [email protected] You acknowledge and agree that if You submit any Feedback to Us, You hereby grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that You own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.

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31 Notice for California Users

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: You may contact Us at our contact page. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

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32 Contact Us

If You do not understand any of the foregoing terms and conditions or if You have any questions or comments, please contact Us through Vortex Street, Inc., [email protected]

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YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

© 2020 Vortex Street, Inc.

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