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.
Personal Information Collected By Vulcan
Use and Disclosure of 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 infodiscoverslu.com.
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
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.
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
Updated September 16, 2009
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.
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
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.
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.
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.
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.
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..
“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
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.
All rights not expressly granted herein are reserved.
Last updated September 16, 2009