Privacy Policy
This Privacy Policy discloses the online privacy practices for Vulcan Inc. (“Vulcan”) and applies to the information Vulcan collects through www.DiscoverSLU.com (the “Site”). By accessing and/or using the Site, you, the user (“you”) are consenting to the collection, storage, and disclosure of data as described in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Site.
Vulcan reserves the right, at any time, to modify, alter, update, or remove portions of this Privacy Policy. We will post any changes to this Policy on this page so you can readily review the most current version. We will alert you that changes have been made by indicating on the bottom of this Privacy Policy the date it was last updated. We encourage you to periodically review this Privacy Policy to stay informed about how Vulcan is helping to protect the personal information we collect. If we intend to apply the modifications or amendments to this Privacy Policy retroactively, we will provide you with notice of the modifications or amendments. Your continued use of this Site constitutes your agreement to this Privacy Policy and any updates.
Your IP Address
An Internet Protocol (IP) address is a number that is automatically assigned to your computer every time you browse the Internet. When a user requests a page from the Site, our servers will log the user’s current IP address. Vulcan uses IP addresses to help diagnose problems with its servers and to administer the Site.
Cookies
The Site is developed using Active Server Pages (ASP), and Vulcan uses per-session “cookies” (pieces of data your browser stores in your computer’s memory at Vulcan’s request) to establish user sessions on our server. Vulcan uses the cookies to carry information about usage from page to page through the Site. Vulcan does not use cookies to retrieve personal information about you from your computer. Most browsers are set up to accept cookies, but you can usually change your browser settings to refuse them. If you disable cookies, your browser may experience some erratic behavior on some portions of the Site.
Personal Information Collected By Vulcan
When you sign up to receive updates or newsletters from us via the Site, Vulcan will ask you to provide personal information about yourself, including, without limitation your name, mailing address, telephone number and email address. Any personal information about you that you provide at our request through the Site is referred to in this Privacy Policy as “Personal Information.”
Use and Disclosure of Personal Information
Except as provided in this Privacy Policy, Vulcan will not sell, trade or otherwise provide Personal Information to any third party other than to entities affiliated with Vulcan or agents that Vulcan engages to perform functions on our behalf with respect to the sale of products, such as order fulfillment and credit card processing. Vulcan may provide Personal Information to any person or company that acquires or merges with our business. Vulcan will use Personal Information for the purposes of, sending you updates and information regarding DiscoverSLU, and providing any other requested information. Vulcan may compile and provide aggregate statistics about our Site visitors to third parties, but these statistics will not include any Personal Information.
Integrity of your Personal Information
Vulcan uses a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. You have the right to access and correct the Personal Information you have provided by contacting us at [email protected].
Protection of Children’s Personal Information
The Site is a general audience site and is not directed to children under the age of 13. We do not intentionally or knowingly collect information from anyone under the age of 13.
Submission Information; Posting on Forums
Any information collected through the Site other than Personal Information, including, without limitation, content posted on forums (including the posting of Personal Information by you on forums), unsolicited submissions, ideas, comments suggestions about the Site, business proposals and feedback regarding the Site is referred to in this Privacy Policy as “Submission Information.” As described in our Terms of Use, Vulcan does not accept or collect Submission Information on a confidential or proprietary basis. Consequently, Vulcan is free to use Submission Information for any purpose whatsoever. Additional terms regarding content posted on forums are set forth in Vulcan’s Terms of Use.
Opt-In Emails
Users may “opt-in” to receive Site notifications, newsletters, or other information via email. Users may remove themselves from such services at their discretion. Any email sent to an “opt-in” list will include directions for how a user may remove himself or herself from the list or a URL where the user may find such directions.
Disclosures to Third Parties
Because Vulcan does not accept or collect Submission Information on a confidential or proprietary basis, from time to time Vulcan may disclose your Submission Information to third parties, including, without limitation, other users of the Site, other potential investors, our consultants, our representatives, our affiliated companies and others.
Disclosures for Legal Reasons
Vulcan will also disclose Submission Information or Personal Information when it believes, in its sole discretion, that the law requires such disclosure or that such disclosure is necessary to comply with the law, protect and defend our rights or property or that of others, or act under exigent circumstances to protect the personal safety of the public or the users of the Site.
Links
This Privacy Policy applies only to information collected by Vulcan. Other Web sites (including those that Vulcan may link to) may have their own policies. Vulcan has no responsibility for or control over the information-collection practices of such third party Web sites.
YOU ACCESS LINKED SITES AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES WILL VULCAN BE LIABLE IN ANY WAY FOR ANY ASPECT ANY LINKED SITE, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY LINKED SITE.
Notification of Changes
If Vulcan is going to use Personal Information in a manner different from that stated at the time of collection through the Site; Vulcan will notify those from whom Vulcan has collected Personal Information via email. You will then have a choice as to whether or not Vulcan may continue using your information in this different manner. In addition, if Vulcan makes any material changes in its privacy practices that do not affect Personal Information already collected through the Site, Vulcan will post a notice on the Site notifying users of the change.
How to Contact Us
If you have any questions about this Privacy Policy, please email us at [email protected]
Updated September 16, 2009
DiscoverSLU.com Terms of Use
Except as otherwise provided in a written agreement signed by Vulcan Inc., these Terms of Use represent the entire understanding between you and Vulcan Inc. (“Vulcan”) regarding your use of www.discoverslu.com (the “Site”) and your submission of any materials to Vulcan. Vulcan is providing you access to the Site subject to these Terms of Use and the Discoverslu.com Privacy Policy. By accessing the Site, sending information through the Site, or registering to post on any forums available through the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.
Vulcan reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. We will post any changes to these Terms of Use on this page so you can readily review the current version. We will alert you that changes have been made by indicating on the bottom of the Terms of Use the date it was last updated. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.
Posting on Forums; Communications and Submissions
As a visitor to the Site, you may participate in any available communications forums to post information, suggestions, reviews, or comments. You agree you will not post any content on the Site that is illegal, obscene, threatening, defamatory, and invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable or that contains any software viruses, political campaigning, commercial solicitation, chain letters or any form of mass mailings or spam. You may not use a false email address or otherwise mislead as to the origin of any content posted. Vulcan reserves the right (but not the obligation) to remove or edit such content but we do not regularly review posted content. Vulcan takes no responsibility and assumes no liability for content posted by you or any third party.
All information posted on the Vulcan forums and any other requests, proposals, business plans, applications, ideas, suggestions, comments, feedback, and other materials disclosed, submitted, or offered to us, using the Site or otherwise, (collectively, “Submissions”) will not be treated as confidential or proprietary and we will have no nondisclosure obligations or use prohibitions related to the Submissions. Vulcan does not claim ownership of the Submissions; however, by posting, uploading, inputting, providing or submitting your Submission you are granting Vulcan, our affiliates and necessary sublicensees permission to use your Submission in connection with the operation of our businesses, including without limitation the license rights to display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from, and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else.
Vulcan reserves the right to reject any Submission or request for information and to bar any user from the Site, for any reason, in our sole discretion. However, Vulcan does not want and cannot accept any requests, proposals, business plans, applications, ideas, suggestions or other materials that you consider to be confidential or proprietary. Furthermore, Vulcan does not accept proposals concerning film production companies, film/TV scripts or concept papers, themed amusement parks or restaurants, music acts, record companies, or recording studios.
Personal and Non-Commercial Use Only
Unless otherwise specified in writing by Vulcan, the Site, all forums and any information, graphics, text, messages and other materials made available through the site are available for your personal and non-commercial use only. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained through this Site. You agree that Vulcan may establish general practices and limits concerning use of the Site. You agree that Vulcan has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site.
User Content
As a registered user of the forums, you may post, upload, transmit or otherwise make available (“Transmit”) information, content, questions, material, software, suggestions, reviews, or comments (collectively “Content”). You agree your Content will not violate any of these Terms of Use. Vulcan has no obligation to pre-screen or monitor your access to or use of this Site, the Content you post or any materials made available through this Site, but has the right to do so for the purpose of operating this Site to ensure compliance with these Terms of Use. Vulcan may, in its sole discretion, remove or delete any Content that violates these Terms of Use or that is otherwise objectionable. Vulcan takes no responsibility and assumes no liability for Content posted by you or any third party. By posting Content on the Site, you warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content. Vulcan reserves the right at all times to edit, refuse to post or remove any information or materials, in whole or in part, in Vulcan’s sole discretion. Content Transmitted to the Site may be subject to posted limitations on usage, reproduction and/or dissemination. You agree to adhere to such limitations.
By posting, uploading, inputting, providing or submitting Content you grant Vulcan, its affiliates and necessary sublicensees permission to use the Content including without limitation the license rights to display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from, and distribute Content in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else. Vulcan reserves the right to reject any Content or request for information and to bar any user from the Site, for any reason, in Vulcan’s sole discretion.
No Unlawful or Prohibited Use
You warrant that you will not use the Site or any materials, software, content or information obtained from the Site for any purpose that is unlawful or prohibited by these Terms of Use. Without limitation, you agree not to: (i) use the Site in any manner that could damage, disable, overburden or impair any Vulcan server or the network(s) connected to any Vulcan server, or interfere with any other party’s use and enjoyment of the Site; (ii) attempt to gain unauthorized access to any materials or information through any means not intentionally made available through the Site, including without limitation through hacking or any other means; (iii) Transmit Content that is illegal, obscene, threatening, defamatory, invasive of privacy, harmful, abusive, harassing, defamatory, pornographic, offensive, or promotes bigotry or racism; (iv) falsely state or otherwise misrepresent your identity or affiliation with a person or entity; (v) disguise the origin of any Content transmitted through the Site; (vi) Transmit any Content that infringes another’s intellectual property rights; (vii) Transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, or political campaigning; (viii) Transmit any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or interfere with or disrupt this Site or any servers or networks connected to the Site; (ix) reverse engineer, decompile or disassemble any of the software used to provide the Site; or (x) obtain, collect, store or modify the personal information about other users.
Links
The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than us. Vulcan provides these links solely as a convenience. The appearance of a link does not imply our endorsement, nor are we responsible for the content of any linked site. Once you choose to link to another website, you will be bound by the terms of use and privacy statement applicable to such website. YOU ACCESS LINKED SITES AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES WILL VULCAN BE LIABLE IN ANY WAY FOR ANY ASPECT OF THE LINKED SITE, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY LINKED SITE.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein. Vulcan controls and operates this Site from its headquarters in the United States of America and makes no representations that the Site is appropriate or available for use in other locations. If you use this Site from outside of the United States of America, you are entirely responsible for compliance with local laws. Unless otherwise explicitly stated, all information or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.
Disclaimer
ANY USE OF THE SITE IS AT YOUR OWN SOLE RISK. THE SITE AND ALL CONTENT CONTAINED WITHIN THE SITE IS PROVIDED ON AN “AS-IS” BASIS. VULCAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY INFORMATION SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VULCAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, VULCAN DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VULCAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN. YOU ARE ENTIRELY RESPONSIBLE FOR ANY CONTENT YOU UPLOAD, EMAIL OR OTHERWISE POST USING THE SITE.
Limitation of Liability
IN NO EVENT SHALL VULCAN BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF VULCAN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VULCAN’S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.
Release
You release and discharge Vulcan, its affiliates and their respective officers, directors, shareholders, employees and agents from and against all claims, damages, losses, liabilities, costs and expenses of any kind or nature whatsoever, including without limitation court costs and attorneys’ fees, whether known or unknown, related to, or arising out of your use of the Site. You knowingly and voluntarily waive any protection that you might have under Section 1542 of the California Civil Code as well as any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.
Indemnity
You will indemnify, defend and hold harmless Vulcan, its subsidiaries and affiliates and their respective officers, employees and agents from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or any violation of these terms.
Eligibility
The Site is not intended for use by anyone under 18. You represent that you are 18 years or older.
General Proprietary Rights/Copyrights
The Site is owned by Vulcan and contains material that is derived in whole or in part from us and other sources. The Site and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without our express written permission. All website designs, text, graphics, interfaces and the selection and arrangement thereof, on the Site are copyrighted works of Vulcan or Vulcan’s content suppliers and licensors, and are protected by U.S. and international copyright laws. © 2009, Vulcan Inc., ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other information or materials on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use, reproduction or distribution of the designs, text, code, graphics, interfaces or other copyright protected works (whether marked as such or not) appearing on the Site is in violation of copyright, trademark, and other applicable laws and may result in severe criminal penalties and/or civil fines..
Trademarks
“Vulcan” “DiscoverSLU” and all logos, designs and symbols associated with such terms are trademarks of Vulcan and/or its affiliates. They may not be used in connection with any product or service other than those offered by Vulcan or its affiliates, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Vulcan or its affiliates. All other trademarks are the property of their respective owners.
Digital Millennium Copyright Act (“DMCA”) Notice
Vulcan respects the intellectual property rights of others and is committed to complying with U.S. Copyright laws. Vulcan’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides resources for owners of copyrighted material who believe their rights under U.S. Copyright law have been infringed on the Internet. If you believe your work has been copied and is accessible on the Site in a way that may constitute copyright infringement, please provide notice to Vulcan’s Designated Agent, listed below. The notice must include the following information as provided by the DMCA, 17 U.S.C. 512(c)(3):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copy works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Vulcan’s Designated Agent for receiving notices of copyright infringement may be reached at the following:
Copyright Agent for Claims, Legal Department
Vulcan Technologies LLC dba Vulcan
505 Fifth Ave. S, Suite 900
Seattle, WA 98104
Telephone: (206) 342-2000
Fax: (206) 342-3000
Applicable Law
Vulcan operates the Site from Seattle, Washington, United States of America. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of Washington without reference to its conflict of law provisions.
Disputes
You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described herein shall be filed exclusively in the state or federal courts of King County, Seattle, Washington, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.
JURY TRIAL WAIVER.
YOU AND VULCAN WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND VULCAN.
CLASS ACTION WAIVER.
WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION YOU AND VULCAN MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION.
Termination
These Terms of Use shall remain in force until terminated by Vulcan. Vulcan may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that Vulcan, in its sole discretion, determines to be disruptive or in violation of any applicable law or these Terms of Use. The provisions included herein regarding disclaimers, limitations of liabilities, submissions, intellectual property rights, choice of law, and venue shall survive the termination of these Terms of Use.
Miscellaneous
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Vulcan may assign these terms of use at any time.
All rights not expressly granted herein are reserved.
Last updated September 16, 2009