Terms

Terms Of Service

Walvin Media Group, LLC (“WALVIN MEDIA”) offers this Web site, including all information, software, products and services available from this Web site or offered as part of or in conjunction with this Web site (the “Web site”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. WALVIN MEDIA reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. Your continued use of the Web site constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by WALVIN MEDIA.

Personal and Noncommercial Use
The Web site is for your personal and noncommercial use. As a condition to your continued use of the Web site, you warrant to WALVIN MEDIA that you will not use the Web site for any purpose that is unlawful or prohibited by these terms and conditions of use.

No Warranties
USE THE WEB SITE AT YOUR OWN RISK. THIS WEB SITE IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WALVIN MEDIA MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS WEB SITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. Neither WALVIN MEDIA nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Web site on behalf of WALVIN MEDIA. WALVIN MEDIA reserves the right to change or discontinue at any time any aspect or feature of the Web site.

Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WALVIN MEDIA OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO WALVIN MEDIA OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEB SITE. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.

Indemnification
You agree to defend, indemnify and hold WALVIN MEDIA, its officers, directors, affiliated companies, employees and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the WALVIN MEDIA site, or any content, product or service offered through the WALVIN MEDIA site, in a manner that violates or is alleged to violate these Terms and Conditions. WALVIN MEDIA shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Featured Links and Advertisements
The Web site may contain hyperlinks to Web sites offered by parties other than WALVIN MEDIA. Such hyperlinks are provided for your reference and convenience only. WALVIN MEDIA does not control such other Web sites and is not responsible for their content; nor does WALVIN MEDIA’s inclusion of hyperlinks to such Web sites imply any endorsement of the material on such Web sites or any association with their operators. Unless otherwise specifically stated on this Web site, WALVIN MEDIA does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement appearing on this Web site.

Linking
Unless you are subsequently advised otherwise by WALVIN MEDIA, you are hereby licensed to create hyperlinks to the content on the Web site, provided that the hyperlink accurately describes the content as it appears on the Web site. WALVIN MEDIA reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days.Under no circumstances may you “frame” the Web site or any of its content or copy portions of the Web site to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within the Web site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Web site.

Copyright
Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner. None of the material contained on the WALVIN MEDIA site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of WALVIN MEDIA. Violation of this provision may result in severe civil and criminal penalties.

You may make single copies of materials displayed on the Web site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from WALVIN MEDIA or the copyright owner of the copied material. Requests to reproduce materials on the Web site for distribution or other purposes should be mailed to: contact (at) walvinmedia.com

Termination of Privileges
WALVIN MEDIA reserves the right to terminate your privilege of using all or any portion of the Web site if you breach any of these terms and conditions of use. If WALVIN MEDIA receives notice or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, WALVIN MEDIA may terminate your access to the Web site, including all of your privileges or accounts that you may have established in connection with the Web site.

Copyright Infringement
WALVIN MEDIA will not tolerate copyright infringement of any kind. WALVIN MEDIA does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the Web site infringes your copyright, you may seek to have the material removed by sending WALVIN MEDIA notice that includes all of the following information:

your full name, address and telephone number
your e-mail address
identification of the copyrighted work(s) that you believe is being infringed
identification of the infringing material and information sufficient for WALVIN MEDIA to locate the material
your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner
your physical or electronic signature
Direct such notice to WALVIN MEDIA designated agent for receiving copyright infringement notices: contact (at) walvinmedia.com

Upon receipt of notice complying with the above requirements, WALVIN MEDIA will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Web site.

If WALVIN MEDIA removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying WALVIN MEDIA’s designated agent in writing and including the following information:

your full name, address and telephone number
your e-mail address
identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled
your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, for the Eastern District of Virginia (where WALVIN MEDIA may be found), and that you will accept service of process from the person who provided notice of copyright infringement or from such person’s agent
your physical or electronic signature
Upon receipt of a notice meeting the above requirements, WALVIN MEDIA will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, WALVIN MEDIA will replace or enable access to the removed material unless WALVIN MEDIA receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to WALVIN MEDIA and/or the copyright owner or Web site user.

User Content
WALVIN MEDIA may allow you to upload, post, transmit or otherwise provide content to WALVIN MEDIA Web sites, including, but not limited to, photos, video, audio, comments, articles, blogs, forums and any other such communication in which you provide content to the Web site (“User Content”). You agree that you are solely responsible for your communications and any content you provide.

Rules Governing User Content. In consideration for being allowed to post or contribute content, you agree that your failure to abide by the following rules in using the Web site shall constitute a material breach of these Terms and Conditions:

Do not disrespect the privacy and views of others, or use the service to stalk or harass another;
Do not use or provide User Content for commercial purposes, including but not limited to the promotion of any specific goods or services;
Do not provide User Content that is harmful to minors in any way;
Do not provide obscene, profane, sexually explicit, libelous, slanderous, defamatory, harmful, threatening, illegal or knowingly false User Content;
Do not provide User Content containing expressions of bigotry, racism or hate;
Do not provide User Content encouraging conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority;
Do not impersonate another person, or permit any other person or entity to use your identification to post or view User Content;
Do not provide User Content that infringes on the copyright, trademark, patent, trade secret or other intellectual property rights of others;
Do not provide User Content that violates the privacy or publicity rights of others;
Do not provide User Content that supports or provides resources to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and
Do not provide User Content containing malicious code, including but not limited to computer viruses, Trojan horses, or other programs designed to disrupt, damage or restrict the use of any computer software or hardware or telecommunications equipment.
Respect the Intellectual Property Rights of Others. You may not post or transmit content belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. WALVIN MEDIA shall have the right, but not the obligation, to monitor any User Content areas of the Web site to determine compliance with these Terms and Conditions and any other operating rules that may be established by WALVIN MEDIA from time to time.

WALVIN MEDIA’s Right to Remove User Content. WALVIN MEDIA does not assume any responsibility for the consequences of any user-generated or contributed content on the WALVIN MEDIA site. If notified by a user of communications that are alleged not to conform to the rules set forth in this Section, WALVIN MEDIA may investigate the allegation and determine in its sole discretion to remove or request the removal of the communications. WALVIN MEDIA reserves the right to remove communications that fail to conform to these Terms and Conditions. In addition, WALVIN MEDIA reserves the right (but is not obligated) to delete any User Content posted on the WALVIN MEDIA site, regardless of whether such communications violate these Terms and Conditions.

WALVIN MEDIA’s Right to Use User Content. WALVIN MEDIA reserves the right to record, re-purpose or re-publish User Content on its Web sites, newspapers, broadcast stations or other publishing forums. By posting User Content, you are granting to WALVIN MEDIA and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.

Responsibility for User Content. You agree to defend, indemnify and hold harmless WALVIN MEDIA and its officers, directors, affiliated companies, employees, agents, licensors and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of any User-generated or Contributed Content or use by others of any User-generated or Contributed Content with respect to you, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service or infringement of intellectual property or other rights, or violation of these Terms and Conditions.

NOTE TO USERS. WALVIN MEDIA does not represent or guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by such users. ANY RELIANCE UPON USER CONTENT IS AT YOUR OWN RISK.

Termination of Privileges
WALVIN MEDIA reserves the right to terminate your privilege of using all or any portion of the Web site if you breach any of these terms and conditions of use. If WALVIN MEDIA receives notice or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, WALVIN MEDIA may terminate your access to the Web site, including all of your privileges or accounts that you may have established in connection with the Web site.

General
These Terms and Conditions (including the privacy policy attached hereto, which shall be deemed to be a part of these Terms and Conditions) constitute the entire agreement and understanding between you and WALVIN MEDIA with respect to use of the Web site, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. WALVIN MEDIA reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Web site, you are agreeing to all changes made by WALVIN MEDIA. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Jurisdiction
The Web site is controlled and operated by WALVIN MEDIA from its principal office in the STATE OF ALABAMA, United States of America. WALVIN MEDIA makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Web site is not intended to subject WALVIN MEDIA to the laws or jurisdiction of any state, country or territory other than the STATE OF ALABAMA and the United States of America.

WALVIN MEDIA PRIVACY POLICY
For each visitor to the Web site, WALVIN MEDIA’s servers automatically collect information about which pages are visited and the domain name of visitors. This information is used for internal review, to tailor information to individual visitors and for Web site traffic audits. We also provide this information (as well as information from third-party market researchers) about our users on an aggregated, anonymous basis to our advertisers.

WALVIN MEDIA may place a “cookie” on the browser of your computer. The cookie itself does not contain any personally identifying information. A cookie may be used to tell when your computer has contacted the Web site. WALVIN MEDIA uses the information for editorial purposes and for other purposes such as delivery of features and advertisements, so WALVIN MEDIA can customize delivery of information to you without compromising privacy. For example, cookies may be used to ensure that you will not see the same banner advertisement too often in a single session.

WALVIN MEDIA may, in the course of providing services through its Web sites, ask you to disclose voluntarily certain information about yourself. This could include information that identifies you or your household. Any information in WALVIN MEDIA’s possession solely as a result of your use of the Web site and that is associated with you or your household is considered “Personal Information.” It consists of both information supplied by you (e.g. name, address, telephone number and e-mail address) and information collected about how you use the Web site (e.g. the fact that you have bought merchandise through the Web site). ‘Personal Information’ does not include statistical data about large numbers of users, none of whom are identifiable, nor does it include information that you have posted for public view on the Web site or otherwise publicly disclosed.

Like many other commercial sites, our site may utilize an electronic file called a Web beacon to count users who have visited a page or recognize users by accessing certain cookies. Our site and/or the Web sites of advertisers and merchants with which we have a relationship may use Web beacons (a) for auditing purposes and to collect information from the Web sites of certain advertisers or merchants; (b) to report anonymous individual and/or aggregate information about our users from such advertisers or merchants. Aggregate information may include demographic and usage information. No personally identifiable information about you is shared with such advertisers or merchants. You may choose to opt-out by contacting us in accordance with the information set forth at the bottom of this policy.

WALVIN MEDIA uses Personal Information only for purposes necessary to provide the Web site and other products and services to you. These purposes are:

to process requests or orders placed with advertisers or merchants
to perform such normal business operations as billing, collecting and accounting
to personalize and publicize the Web site based on your interests, including making you aware of editorial features, advertisements and commercial items
to investigate complaints and to protect the Web site and WALVIN MEDIA, its readers and employees as provided by law or in case of emergency, as determined by legal counsel for WALVIN MEDIA
to respond to subpoenas, court orders, or legal process, or to establish or exercise WALVIN MEDIA’s legal rights or defend against legal claims.
Except as necessary to process your requests or orders placed with advertisers or merchants featured on the Web site, WALVIN MEDIA does not rent, sell, barter or give away any lists containing Personal Information for use by any outside company. WALVIN MEDIA also respects the privacy of data on your personal computer and does not access, read, upload or store data contained in or derived from your private files without your authorization.

Links
The WALVIN MEDIA site contains links to other sites. WALVIN MEDIA is not responsible for the privacy practices or the content of such Web sites, including any sites that may indicate a special relationship or partnership with WALVIN MEDIA (such as co-branded pages or “powered by” or “in cooperation with” relationships). WALVIN MEDIA does not disclose personally identifiable information or unique identifiers to those responsible for the linked sites. The linked sites, however, may collect personal information from you that is not subject to WALVIN MEDIA’s control. To ensure protection of your privacy, always review the privacy policy of the sites you may visit by linking from the WALVIN MEDIA site.

Opt Out Procedures
You always may opt out of receiving future mailings or other information from WALVIN MEDIA. If the mailing does not have an e-mail cancellation form, send us an e-mail detailing the type of information that you no longer desire to receive.

Children’s Privacy
The following additional terms, conditions and notices apply to use of the Web site by children under the age of 13 years whenever WALVIN MEDIA becomes aware that a user is in that age range:

Users under 13 years of age may not submit or post information on the Web site without the consent of the user’s parent or legal guardian. Prior to collecting any personal information about a child under 13, WALVIN MEDIA makes reasonable efforts to obtain consent from the child’s parent after informing the parent about the types of information WALVIN MEDIA will collect, how it will be used, and under what circumstances it will be disclosed.
Although WALVIN MEDIA will apply these children’s terms and conditions whenever it becomes aware that a user who submits Personal Information is less than 13 years old, no method is foolproof. WALVIN MEDIA strongly encourages parents and guardians to supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent children from disclosing online their name, address, and other personal information without parental permission.
“Personal information” collected from children may include any of the information defined above as “Personal Information” with respect to general users of the Web site and may be used by WALVIN MEDIA for the same purposes. Except as necessary to process a child’s requests or orders placed with advertisers or merchants featured on the Web site, WALVIN MEDIA does not rent, sell, barter or give away any lists containing a child’s Personal Information for use by any outside company.
If a child enters a game, contest or other activity sponsored by WALVIN MEDIA on the Web site, the child may be required by WALVIN MEDIA to provide the minimum Personal Information reasonably necessary for the child to participate in such activity.
A child’s parent or legal guardian may request WALVIN MEDIA to provide a description of the Personal Information that WALVIN MEDIA has collected from the child, as well as instruct WALVIN MEDIA to cease further use, maintenance and collection of Personal Information from the child.
If a child voluntarily discloses his or her name, e-mail address or other personally-identifying information on chat areas, bulletin boards or other forums or public posting areas, such disclosures may result in unsolicited messages from other parties.
General
These Terms and Conditions constitute the entire agreement and understanding between you and WALVIN MEDIA with respect to use of the Web site, superseding all prior or contemporaneous communications and/or proposals. WALVIN MEDIA reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Web site, you are agreeing to all changes made by WALVIN MEDIA. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The Web site is controlled and operated by WALVIN MEDIA from its principal office in the STATE OF ALABAMA, USA. WALVIN MEDIA makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Web site is not intended to subject WALVIN MEDIA to the laws or jurisdiction of any state, country or territory other than the STATE OF ALABAMA and the United States of America.

Contacting Us
If you have any questions about this privacy statement, the practices of the WALVIN MEDIA site, or your dealings with WALVIN MEDIA, you may contact us at: contact (at) walvinmedia.com