This statement informs you of Jazz Out of The
Mainstream's (JOTM’s) practices with respect to the online collection, use, and
disclosure of personal information from this JOTM Website. Personal information
is information that allows us to contact you (such as email address, home
address, or telephone number) or other information that, when linked to your
name or contact information, allows us to personalize your visit to our site by
providing you with information that suits your interests.
JOTM is the owner of this website and retains all ownership
rights to the information collected at this site. JOTM reserves the right to
change, modify, add, or remove provisions of this Privacy Statement. Any changes
to this Privacy Statement will be posted here, and we encourage you to check
back from time to time.
Personalization
Although you may use many features of this site without
completing a registration or sign-up form, visitors who do register and/or sign
up for special services may have access to additional features of the site and
are more likely to receive information suited to their interests. For example, a
registered user is eligible for additional services provided by this website
such as listener clubs and personalized content. Our registration and special
services sign-up forms may ask you for contact information (like name or email
address) and demographic information (like zip code or age). You must provide
the information in order to receive the benefits of registration or of the
special service.
We may use the contact information you give us to better tailor
your website experience to your interests, and to send you information about
JOTM and its services as well as promotional material on behalf of some of our
partners. We use other information that you provide to us to show you content in
which you may be interested and to display the content according to your
preferences. We will also share this information within the JOTM family in order
to enhance your experience on this and other JOTM Websites.
In addition, we may share this information with advertisers or other third
parties that are not part of the JOTM family on an aggregate or other basis that
does not disclose your identity or contact information.
Online Surveys/Contests
From time to time, we may conduct online surveys and contests.
These ask you for contact information (like name or email address) and
demographic information (like zip code or age). We may use this contact
information from our surveys and contests to provide you with information about
our company and promotional material on behalf of some of our partners, and to
contact you when necessary.
Supplemental Information
To enhance JOTM’s ability to tailor this site to your
preferences, we may combine information that you provide us on registration and
other online sign-up forms with other information about you that we may obtain.
We do not share that information with any other party.
Shopping/Commercial Services
JOTM may offer shopping services, which may be offered by us or
by a firm that operates a store under contract with us. If our site offers
shopping or other commercial services, you will use a customer order form to
request information, products, and services. The order form will ask you to give
us contact information (like name or email address), financial information (like
account or credit card numbers), and demographic information (like zip code or
age).
We will use the financial information that you provide to bill
you for products and services. By giving our site your credit card and related
personal information, you are authorizing our store to give that information to
the merchant and credit card company in order to confirm and fulfill your order.
We will use contact information from the order form to fulfill
your orders. We may also use contact data to get in touch with you when
necessary. We will not otherwise use or distribute your financial information
without your prior approval.
Public Forums
This site may make available chat rooms, forums, message boards,
and news groups. Please remember that any information that you disclose in these
areas becomes public information and you should exercise caution when deciding
to disclose your personal information.
Information Sharing With Third Parties
From time to time we may enter into a special relationship with
another company that is not owned by JOTM to provide additional features at this
site. These special relationships may include “powered by” partners, business
partners, sponsors, and co-branded sites (referred to here as “co-branded
pages”). You should look for a specific privacy statement on any such co-branded
page. Any personal information that you provide when signing up at one of those
co-branded pages may be shared with our third party partner. You should also
check our partner’s website for information regarding its privacy policies.
Also, the nature of some features of our site may require that
we share personal information about you with persons or companies outside of the
JOTM family. For example, this may occur at a feature that enables you, via our
site, to ask questions of persons or entities that are not part of the JOTM
family. By responding to those features of the site, whether by email or direct
entry of information on our Website, you are consenting to our transferring that
information to such persons or entities.
With respect to specific registration modules, like contests, we
may disclose personal information collected, and we will post a conspicuous
statement on the registration module to the effect that we will be disclosing
the information collected with third parties.
Finally, we may share any of the information collected from you with these other
non-JOTM companies in an aggregate basis. The aggregated information is not
linked to any information that can identify you.
IP Address and Log Files
We may use your IP address to administer our Website, to help
diagnose problems with our server, to analyze trends, to track users’ webpage
movements, to help identify you and your shopping cart, and to gather broad
demographic information for aggregate use.
Cookies
This JOTM site may use a standard technology called a “cookie”
to collect information about how you use the site. Cookies reside on your
computer and help our website to recognize your computer’s browser as a previous
visitor. This information allows us to customize delivery of information. For
example, our site may use cookies to save and remember registration information
or preferences that you may have set while browsing the site, to keep track of
your shopping cart, to ensure you don’t see the same ad content repeatedly, to
deliver content specific to your interests, and to save your password so you
don’t have to re-enter it each time you visit our site. We use cookies only to
gather information as indicated in this policy.
In addition, on occasion our site may also set a “session
cookie” which helps us administer the site. The session cookie expires when you
close your browser and does not retain any information about you after it
expires.
Children’s Personal Information
Consistent with the Children’s Online Privacy Protection Act:
• This site does NOT collect, use, or disclose personal information (including
online contact information) of children under the age of 13.
• In the event that a child under the age of 13 attempts to register on our
site, we will NOT accept the registration and will delete information received
from the child.
• In the event that a child posts personal information in a public forum such as
a chat room, we will attempt to delete that information once we become aware of
it.
Your Choices
This JOTM site provides you the opportunity to opt-out of
receiving email communications from us and our special relationship partners. To
opt-out of receiving email communications, you:
• Modify your registered user information on our website; or
• Send an email to anvilmedia@msn.com
Access to Personal Information
JOTM gives you the opportunity to modify or remove personal
information that you have provided to us. You may do so by modifying your
password-protected registered user information on our website.
Security of Your Personal Information
JOTM employs reasonable security measures consistent with
standard industry practice, for information collected through this website. We
believe that we have adequate security measures in place in our physical
facilities to protect against the loss, misuse, or alteration of the information
we collect on our website. We also use internal protections to limit access to
users’ personal information to only those employees who need the information to
perform a specific job.
Sale or Merger
If this site is sold to, or merges with, another company not
owned by JOTM, you should expect that some or all of the information collected
from this website may be transferred to the buyer/surviving company. If so, JOTM
will seek to obligate the acquiring company to use any personal information
transferred by this site in a manner consistent with this statement, but cannot
guarantee that it will be able to impose that requirement or that the acquiring
company will comply.
Legal Process
You should be aware that JOTM may be required to disclose your
personal information to the government or third parties under certain
circumstances, such as in court or regulatory proceedings.
Contacting the Website
If you have any questions about this privacy statement, the
practices of this site, or your dealings with this website, you can contact
anvilmedia@msn.com.
Leased Content
Neither Standard & Poor nor any third-party licensor shall have
any liability for the accuracy or completeness of this service or any component
thereof or for delays, unauthenticity, omissions, or other defects therein nor
for any claims or losses arising therefrom or occasioned thereby, including,
without limitation, any lost profits, indirect, special, or consequential
damages. Either Standard & Poor or third party licensors have exclusive
proprietary rights from the information received via the service. Customer,
end-user, or visitor, as applicable, shall not use or permit anyone to use the
information provided through the service for any unlawful or unauthorized
purpose. Customer, end-user, or visitor, as applicable, is not authorized or
permitted to furnish such information to any person or firm for reuse or
retransmission without prior written approval of the source of such information.
Provision of the information on the service is subject to termination in the
event that any agreement between a third party licensor and a provider of
information distributed through the service is terminated in accordance with its
terms. Third party licensor and its subsidiaries, affiliates, information
providers and content partners shall have no liability for investment decisions
based on the information provided hereby.
General Information
This Agreement and the Additional Terms shall be governed by,
construed and enforced in accordance with the laws of the State of North
Carolina, as it is applied to agreements entered into and to be performed
entirely within such state, without regard to conflict of law principles. You
agree that any cause of action you or JOTM brings to enforce this Agreement
and/or the Additional Terms, or in connection with any matters related to this
JOTM Website and/or the Privacy Statement, shall be brought only in either the
state or Federal courts located in Winston-Salem, NC. You agree to submit to
the personal jurisdiction of the courts of the State of North Carolina for any cause of
action arising out of this Agreement. You agree to file any cause of action with
respect to this Agreement within one year after the cause of action arises. You
agree that a cause of action filed after this date is barred.
If any provision of this Agreement, or the application thereof
to any person or circumstances, is held invalid or for any reason, unenforceable
including, but not limited to, the warranty disclaimers and liability
limitations, then such provision shall be deemed superseded by a valid,
enforceable provision that matches, as closely as possible, the original
provision, and the other provisions of this Agreement shall remain in full force
and effect. The failure of either party to insist upon strict performance of any
provision of this Agreement shall not be construed as a waiver of any provision
or right. Unless expressly provided otherwise, this Agreement is the entire
agreement between you and JOTM with respect to the use of this website and shall
not be modified except in writing, signed by an authorized representative of
JOTM.
If you have any questions concerning this Agreement, you may
send them by email to anvilmedia@msn.com.
You must send any official correspondence via postal mail to:
E. Gambill
Anvil Media Services, Inc.
1654 Mountainview Road
King, North Carolina 27021