Terms of Use & Privacy Policy

PLEASE READ THESE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY, CAREFULLY BEFORE USING THIS SITE.

TERMS AND CONDITIONS OF USE

This Terms and Conditions of Use was last modified on February 23, 2016, and was first published and made effective on September 7, 2012.

1. Agreement

The following Terms and Conditions of Use (“Agreement”) governs use of the Planet Daughter web site (the “Site”) as provided by Girlmentum Media, Inc., a Delaware corporation, (“Service Provider,” “we,” “us,” or “our”), by all those who access the Site, including without limitation persons and representatives of entities, whether such representatives are persons or digital engines of any kind (collectively, “Users,” “you,” or “your”). “We,” “us,” “our” and “Service Provider” refer collectively to Girlmentum Media, Inc. and the Site, and their respective parents, subsidiaries, directors, officers, employees, contractors, representatives, telecommunication providers and content providers (each an “Affiliate” and collectively, “Affiliates”).

Your use or accessing of the Site constitutes your agreement to be bound by this Agreement. You are not permitted to access the Site if you do not agree to be bound by this Agreement.

The Agreement may be modified at any time. The date of the most recent revisions will be communicated on or through the Site, so check back often. Your continued use and access of the Site will constitute your acceptance of any changes or revisions to the Agreement.

Your failure to follow these rules, whether listed below or communicated on or through the Site, may result in suspension or termination of your access to the Site, without notice, in addition to Service Provider’s other remedies.

2. Medical Information Disclaimer

The contents of the Site, such as text, graphics, images, information obtained from the Service Provider’s licensors, public message boards and blogs on the Site, and other material contained on the Site (“Content”) are for general informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Site and Service Provider is solely at your own risk.

The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use the Site.

3. Use by Children

Use of this Site by children under the age of 13 is prohibited. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for a user account. No one under the age of 13 is allowed to provide any personal information to us or on the Site. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at [privacy@shimmerteen.com].

4. Use of Content

We authorize you to view or download a single copy of the Content on the Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright ©2013, Girlmentum, Inc. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with the Service Provider, its licensors, or contributors to the Site. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, aggregation or otherwise, of material obtained through the Site, including without limitation, the Content, except as permitted by the U.S. Copyright Act of 1976 and all amendments thereto, or other law or as expressly permitted in writing by this Agreement, Service Provider, or the Site. Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.

Content and features are subject to change or termination without prior notice in the editorial discretion of the Service Provider. All rights not expressly granted herein are reserved to the Service Provider and its licensors. If you violate any of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

5. Third Parties

We will not share, sell, rent, or disclose your personally identifiable information with third parties without your consent, except under certain limited circumstances or when required under law.

We occasionally engage reputable third parties to help manage the Website, provide content and information and enable us to interact better with users. We may disclose some personal information to third parties assisting us in providing services or assisting us with our internal operations. All such third parties are contractually bound to maintain the confidentiality of users’ personal information; however, note that if any such third party sells substantially all of its assets or operations, such information may be transferred to the purchasing entity.

6. Disclosures under Law

Although unlikely, we may be required by law enforcement or judicial authorities to provide personal information about you. We will provide this information, to the extent technically possible, upon request and receipt of the appropriate documentation. Disclosure may also occur if we consider it necessary to protect our legal rights or property or if the information relates to actual or threatened harmful conduct.

7. Correcting Inaccuracies in Your Information

You are solely responsible for providing accurate, current and complete information about yourself to us. You may request changes to any data or information you have provided. Any additions, deletions or edits will appear chronologically; however, please note that information you enter into your account is backed-up and saved on a server and as such, we cannot guarantee that information that has been deleted from your account will not be available elsewhere. Notwithstanding the foregoing, you may request that we amend an incorrect or inaccurate entry or information.

8. E-mail Information

Occasionally, we will use the e-mail address we have on file for you in order to send you materials you request, respond to your questions or provide you with other additional information. We retain personal information on file but do not share, sell, license or transmit this information with or to third parties or external vendors unless required to do so by legal, judicial, or governmental proceedings. Your e-mail information will not be used outside of this system without your permission. We do not use your e-mail address for any other purpose.

If you subscribe to a newsletter, publication, press release or RSS feed published by us and distributed via e-mail or RSS feed, your e-mail address will be maintained in a private distribution list. Messages sent electronically do not reveal recipients’ e-mail addresses or any other personal information.

We will send messages to only those individuals who have opted to subscribe and who have provided their e-mail address to us directly. Anybody may opt out from receiving such messages at any time.

Please note that e-mail is considered a non-encrypted (and therefore unsecure) form of communication and it can be accessed and viewed by others without your knowledge and permission. For that reason and to protect your privacy, you should not use e-mail to communicate information that you consider confidential.

9. Disclaimer of Warranty and Limitation of Liability

THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. SERVICE PROVIDER, ITS AFFILIATES, ITS LICENSORS, AND ITS THIRD PARTY SERVICE PROVIDERS, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF ANY CONTENT, SOFTWARE, LINKS, OR ANY COMMUNICATIONS PROVIDED ON THE SITE.

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Service Provider and its suppliers. Accordingly, we do not represent or warrant that there will be no failures, interruptions, errors, omissions or loss of transmitted information or that no viruses will be transmitted through the Site. Furthermore, we assume no liability for or relating to the aforementioned failures and errors in connection with the Site.

YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND ITS CONTENT AT YOUR OWN RISK. WITHOUT LIMITATION OF THE FOREGOING, YOU ACKNOWLEDGE THAT YOU ASSUME THE RISK OF ILLNESS OR DEATH THAT MAY BE RELATED IN ANY WAY TO THE CONTENT ON THE SITE.

SERVICE PROVIDER, ITS AFFILIATES, ITS LICENSORS, AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ALLEGEDLY RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, YOUR RELIANCE ON THE SITE OR ANY OF ITS CONTENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, WHETHER OR NOT SERVICE PROVIDER, ITS AFFILIATES, ITS LICENSORS, AND ITS THIRD PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE.

Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.

If you are a California resident, you waive California Civil Code Section 1542, which states, in part: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

YOU ACKNOLWEDGE AND AGREE THAT THIS DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT CONSTITUTES AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES, AND THAT SERVICE PROVIDER WOULD NOT HAVE MADE THE SITE AVAILABLE WERE IT NOT FOR SUCH DISCLAIMERS AND LIMITATIONS.

10. Privacy

You accept the terms and conditions of the Privacy Policy of the Site. The personal information you submit to the Site is governed by the Privacy Policy. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern.

11. Cookies

We use “cookies” to store certain pieces of information as you navigate through the Website. Cookies are small computer files that a web site can transfer to your computer. Written as a simple text file, a cookie helps your browser reuse specific information that the web server can later retrieve. As a convenience for frequent users, we use cookies to gather information for customized log-in forms. We do not use cookies for personal information. Other examples of information collected include how often someone visits the site and their activities while on the site. We use this information in the aggregate to understand how visitors as a group use different resources. These reports do not contain any personally identifiable information. We do not use cookies to collect personal data from our visitors, and do not disclose any information stored in cookies to third parties.

Most Internet browsers automatically accept cookies, but you can set your browser to refuse them or to alert you when they are being sent. Please use the Help Resources on your particular browser to change your settings.

12. Logs

We and our Third Party Service Provider collect information that is customarily gathered by worldwide web server software. Our logs contain the following information for each request: date and time, originating Internet provider (IP) address and domain name (the unique address assigned to your Internet service provider’s computer that connects to the Internet), object requested, and completion status of the request. We use these logs to help improve the service by evaluating the “traffic” to the web site (the number of unique visitors, level of demand, most popular page requests, and types of errors).

These logs may be kept for an indefinite amount of time, used at any time and in any way reasonably necessary to prevent security breaches and to ensure the integrity of the data on our web site servers.

13. User Submissions—General

You agree that you will not provide or transmit any communications or content of any type to the Site that infringe or violate any rights of any party. By submitting communications or content to the Site, you agree that such submission is non-confidential for all purposes.

If you make any submission to the Service Provider or the Site, you agree that you will not send or transmit to us any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to us by email, you agree such submission is non-confidential for all purposes.

If you make any submission to us or the Site or if you submit any business information, idea, concept or invention to us by email, you hereby automatically grant or warrant that the owner of such content or intellectual property has expressly granted the Service Provider a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display and otherwise use for commercial purposes the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. None of the submissions will be subject to any obligation of confidence on the part of Service Provider, and Service Provider and its Affiliates will not be liable for any use or disclosure of any Submissions.  If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Site or to us by email.

14. User Submissions—Images, Video, Audio Files (“Media”)

You agree to only post or upload Media that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any Media that contains personally identifiable information (e.g., name, phone number, email address or web site URL) of you or of anyone else. Uploading Media of or with other people without their permission is strictly prohibited. By uploading any Media on the Site, you warrant that you have permission from all persons appearing in your Media for you to make this contribution and grant rights described herein.

It is strictly prohibited to upload Media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement or our Privacy Policy.

You agree that you will not upload any material 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 this Site.

By uploading Media, (a) you grant us a perpetual, non-exclusive, worldwide, royalty-free license to copy, print, display, reproduce, modify, publish, post, transmit and distribute and otherwise use for commercial purposes the Media and any material included in the Media and waive any moral or equivalent rights therein to the fullest extent permitted under applicable law; (b) you certify that any person appearing in the submitted Media (or, if a minor, his/her parent/legal guardian) authorizes us to copy, print, display, reproduce, modify, publish, post, transmit and distribute and otherwise use for commercial purposes the Media and any material included in such Media and waives any moral or equivalent rights therein to the fullest extent permitted under applicable law; and (c) you agree to indemnify us and our Affiliates and hold us and our Affiliates harmless from any and all claims and expenses, including attorneys’ fees, arising from the Media and/or your failure to comply with these the terms described herein.

We reserve the right to review all Media prior to submission to the Site and to remove any Media for any reason, at any time, without prior notice, at our sole discretion.

15. User Submissions—Public message boards, chat rooms, blogs (“Public Areas”)

If you use Public Areas, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Service Provider and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

16.1. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of this Agreement:

1. a)     Using a Public Area for any purpose in violation of local, state, national, or international laws;
2. b)    Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. c)     Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in our sole discretion;
4. d)    Posting advertisements or solicitations of business;
5. e)     After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed;
6. f)     Posting chain letters or pyramid schemes;
7. g)     Impersonating another person;
8. h)    Distributing viruses or other harmful computer code;
9. i)      Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
10. j)      Allowing any other person or entity to use your identification for posting or viewing comments
11. k)    Posting the same note more than once or “spamming”; or
12. l)      Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in our judgment, exposes us or any of our customers or suppliers to any liability or detriment of any type.

16.2. We reserve the right (but are not obligated) to do any or all of the following:

1. a)     Record the dialogue in public chat rooms;
2. b)    Investigate an allegation that a communication(s) do(es) not conform to this Agreement and determine in our sole discretion to remove or request the removal of the communication(s);
3. c)     Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform to this Agreement;
4. d)    Terminate a user’s access to any or all Public Areas and/or the Site upon any breach of this Agreement;
5. e)     Monitor, edit, or disclose any communication in the Public Areas;
6. f)     Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

Service Provider or its licensors have no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.

17. Passwords

We have several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts for the Site. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Site account and password; (3) promptly inform us of any need to deactivate a password. You grant us and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site.

18. Advertisements, Searches, and Links to Other Sites

We may provide links to third-party web sites. We also may select certain sites as priority responses to search terms you enter and we may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content.

We do not recommend and do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party sites, sites framed within our Site, third-party sites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse any product, service, or treatment advertised on the Site.

19. Indemnity

You agree to defend, indemnify, and hold Service Provider, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

20. Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Service Provider, or in any way relating to your use of the Site, resides in the courts of the state of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Los Angeles County in connection with any such dispute including any claim involving Service Provider or its Affiliates.

This Agreement is governed by the internal substantive laws of the state of California, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision.

21. Copyright Infringement

We respect the copyright rights of others and have adopted the following procedure regarding the removal of allegedly infringing materials from the Site, consistent with the removal notification and counter-notification provisions of the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.

The DMCA provides a process for an owner of copyrighted material to notify an online service provider of alleged copyright infringement. Upon receipt of a valid DMCA removal notification (described below), we will remove or disable access to the allegedly infringing content and take reasonable steps to contact the party that originally posted that content to allow it to file a counter-notification that indicates that it had the right to post the content. Upon receipt of a valid counter-notification (also described below), we may restore the content in question, unless we receive timely notice from the party that requested removal that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

By submitting either a removal notification or a counter-notification as described herein, the submitting party acknowledges and agrees that we may provide copies of such notices and any information contained therein to the other participants in the dispute or to any other third parties deemed necessary by us. Please note that federal law provides that any person who knowingly materially misrepresents: (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys’ fees.

Removal Notification

If you believe someone has posted your copyrighted material on the Site and wish to have it removed, please send a removal notification to our designated copyright agent as provided below. To be considered valid, your request for removal must be written and include the following:

1. A statement that you are the owner of the material that has allegedly been infringed, or a statement that you are authorized to act on behalf of the owner of the material that has allegedly been infringed.
2. Your name, address, telephone number and, if available, an email address so that we may contact you.
3. A statement identifying the material that you believe to be infringing and information reasonably sufficient to permit us to locate that material. (If you believe multiple copyrighted works have been infringed, you can submit a single notification with a representative list of the allegedly infringed works.)
4. A statement that you have 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.
5. A statement, under penalty of perjury, that the information in the removal notification is accurate.
6. Your signature. (The signature may be electronic.)

Promptly after receipt of a valid removal notification, we will remove or disable access to the allegedly infringing content. We will also notify the party that posted it of your claim that the material is infringing and will give that party an opportunity to send us a written counter-notification as provided below.

Counter-Notification

In response to our receipt of a valid removal notice and removal of material, if you believe that the allegedly infringing material is not infringing and want us to restore it on the Site, please send a counter-notification to our designated copyright agent as provided below.

To be considered valid, your counter-notification must be written and include the following:

1. Your name, address, telephone number and, if available, an email address so that we may contact you.
2. A statement identifying the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material.
4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or for Los Angeles County, California, if your address is outside of the United States), and that you will accept service of process from the person who sent the removal notice or an agent of such person.
5. Your signature. (The signature may be electronic.)

Promptly after receipt of a valid counter-notification, we will forward it to the party who submitted the original removal notification. After we send out the counter-notification, the party that submitted the original removal notification must then notify us within 10 business days that it has filed an action seeking a court order to restrain you from engaging in the allegedly infringing activity. If we receive such notification, we will not restore the material. If we do not receive such notification, we may reinstate the material within 10 to 14 days of receipt of the valid counter-notification.

Where to Send Notices

All notices should be sent to our designated copyright agent using the following contact information:

Girlmentum Media, Inc.

Attn: Agent for DMCA Notices

P.O. Box 980291, Houston, Texas, 77098

Alternatively, you may email your notice to: [hello@shimmerteen.com]

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

22. Complete Agreement

Except as expressly provided in a particular “legal notice” on the Site, this Agreement and the Privacy Policy constitute the entire agreement between you and Service Provider with respect to the use of the Site and Content.

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PRIVACY POLICY

This Privacy Policy was last modified on February 23, 2016, and was first published and made effective on September 7, 2012.

ShimmerTeen web site (the “Site”) operated by Girlmentum Media, Inc., a Delaware corporation, (“Service Provider,” “we,” “us,” or “our”) knows that you care about how information about you is used and shared. “We,” “us,” “our” and “Service Provider” refer collectively to Girlmentum Media, Inc. and the Site, and their affiliates such as parents, subsidiaries, directors, officers, employees, and representatives.

This Privacy Policy explains what information of yours will be collected by us when you use the Site, how the information will be used, and how you can control the collection, correction and/or deletion of information. We will not use or share your information with anyone except as described in this Privacy Policy. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources. Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms and Conditions of Use. This Privacy Policy should be read in conjunction with the Terms and Conditions of Use.

This Privacy Policy constitutes an integral part of our website’s Terms of Use and is subject to the provisions thereof, including with respect to Limitation of Liability and governing law.  We encourage you to read this Privacy Policy before you send or share information with us or use our website and to read it again when we notify you of changes to the Privacy Policy that are made from time to time.

 1. Information We Collect

1.1. User-Provided Information. You provide us personal information (including but not limited to name, address, telephone number, email address, date of birth) if you register for a member account with the Site (including by “following,” “liking,” linking your account to the Site, etc., on a third party website or network). In making your decision whether to provide personal information, you should be aware of the general risks of transmitting information over the Internet. While we attempt to prevent unauthorized persons from accessing or tampering with the Site, we cannot guarantee that these efforts will be successful.

If you correspond with us by email, we may retain the content of your email messages, your email address and our responses. We may also retain any messages you send through the Site. You may provide us information in any content you post to or on the Site.

1.2. Cookies Information. When you visit the Site, we may send one or more cookies—a small text file containing a string of alphanumeric characters—to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the Site.  The use of cookies is an industry standard, and as such, you’ll find them at most major websites.  A cookie may also convey information to us about how you browse the Site. A cookie does not collect personal information about you. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Site may not function properly if the ability to accept cookies is disabled.  We never save credit card information in cookies.

 1.3. Log File Information. Log file information is automatically reported by your browser each time you access a web page. When you use the Site, our servers automatically record certain log file information. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Site, domain names, landing pages, pages viewed, and other such information.

1.4. Clear Gifs Information. When you use the Site, we may employ clear gifs (also known as web beacons) which are used to track the online usage patterns of our Users anonymously. In addition, we may also use clear gifs in HTML-based emails sent to our Users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make the Site better for our Users.

1.5. Third Party Services. We may use third party analytics services to help understand use of the Site. These services collect the information sent by your browser as part of a web page request, including cookies and your IP address, and their use of such information is governed by their respective privacy policies.

2. How We Use Your Information

We use the personal information you submit to operate, maintain, and provide to you the features and functionality of the Site.

2.1. Email. By providing your email address to us (including by “following,” “liking,” linking your account to the Site, etc., on a third party website or network), you consent to our using the email address to send you Site-related notices, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send you notifications of activity on the Site to the email address you give us, in accordance with any applicable privacy settings. We may use your email address to send you other messages, such as newsletters, changes to features of the Site, or special offers.

If you do not want to receive such email messages, you may opt out or change your preferences on the Site or by emailing us at [privacy@shimmerteen.com]. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You may not opt out of Site-related emails.

2.2. Retention. Following termination or deactivation of your user account, we may retain your profile information and any content submitted by you (“User Content”) for a commercially reasonable time for backup, archival, or audit purposes. Furthermore, we may retain and continue to use indefinitely all information (including User Content) contained in your communications to other Users or posted to the Public Areas of the Site after termination or deactivation of your account.

2.3. Invitation. If you choose to use our invitation service to invite a friend to the Site, we will ask you for that person’s email address and automatically send an email invitation. We store this information to send this email, to register your friend if your invitation is accepted, and to track the success of our invitation service. Your friend may contact us to request that we remove this information from our database at [privacy@shimmerteen.com].

2.4. Others. We may use certain information about you and/or your User Content internally for purposes such as analyzing how the Site is used, diagnosing service or technical problems, maintaining security, and personalizing content. We reserve the right, but have no obligation, to monitor the information and materials you post on the Site.

We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide customized and personalized content and information; (c) monitor the effectiveness of our Site; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems reported by our Users or engineers that are associated with certain IP addresses; (f) help you efficiently access your information after you sign in; and (h) track User Content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act.

3. How We Share Your Information

3.1. Personally Identifiable Information: We will not rent or sell your personally identifiable information to others. We may share your personally identifiable information with third parties for the purpose of providing the Site to you. If we do this, such third parties’ use of your information will be bound by this Privacy Policy. We may store personal information in locations outside the direct control of the Service Provider (for instance, on servers or databases located with hosting providers).

As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution.

Any personal information or content that you voluntarily disclose for posting to the Site including the Public Areas becomes available to the public. If you remove information that you posted to the Site, copies may remain viewable in cached and archived pages of the Site, or if other Users have copied or saved that information.

From time to time, we may run contests, special offers, or other events or activities (“Events”) on the Site together with a third party partner. If you provide information to such third parties, you give them permission to use it for the purpose of that Event and any other use that you approve. We cannot control third parties’ use of your information. If you do not want your information to be collected by or shared with a third party, you can choose not to participate in these Events.

Except as otherwise described in this Privacy Policy, we will not disclose your personal information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our Terms and Conditions of Use, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of the Site; and (c) to exercise or protect the rights, property, or personal safety of the Service Provider, the Site, our Users or others.

3.2. Non-Personally Identifiable Information. We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks) with interested third parties to help them understand the usage patterns on the Site.

We may allow third-party ad servers or ad networks to serve advertisements on the Site. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Site. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content. We do not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks us to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach. Our Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers for more information.

4. How We Protect Your Information

We care about the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to us or guarantee that your information on the Site may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Your privacy settings may also be affected by changes to the functionality of our distributors, such as social networks. We are not responsible for the functionality or security measures of any third party.

To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from us, at all times.

 5. Compromise of Personal Information

In the event that personal information is compromised as a result of a breach of security, we will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law. 

6. Your Choices About Your Information

You may decline to submit personally identifiable information through the Site, in which case we may not be able to provide certain services to you. You may update or correct your account information and email preferences at any time by logging in to your account.

If a user’s personally identifying information changes (such as zip code, phone, email or postal address), or if a user no longer desires our Service, we provide a way to correct, update or delete/deactivate users’ personally identifying information. This can usually be done at the Registered User account settings page or by emailing our Customer Support through privacy@shimmerteen.com.

When a request for user deletion is received, we will make all reasonable efforts to purge said data from our systems. However, due to the nature of our service, some information may not be fully removed due to backups or archived copies. 

7. Children’s Privacy

We are committed to protecting the privacy of children. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for a user account. No one under the age of 13 is allowed to provide any personal information to us or on the Site. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at [privacy@shimmerteen.com].

8. Non-U.S. Residents

If you do not reside in the U.S. and are visiting our Site, if you provide Personal Information to us it may be transferred to and processed on computers in the U.S. and other countries. Do not provide your Personal Information to us if you do not want this information to be transferred outside of your country, or if the laws in your country restrict these types of transfers. Your provision of Personal Information to us will be handled in accordance with this Privacy Policy. From time to time, your Personal Information may be transferred to a country different from where you are located, and processed there in accordance with this Privacy Policy. You hereby consent to such transfers and processing as described in this Privacy Policy. Your provision of Personal Information to us through this Site means that you agree to the terms of this Privacy Policy.

9.  Links to Other Web Sites

We are not responsible for the practices employed by websites linked to or from the Site, nor the information or content contained therein. Please remember that when you use a link to go from the Site to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Site, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.

10. Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Site, as determined by Service Provider in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.

11. Changes to Our Privacy Policy

We may update the Privacy Policy from time to time, and so you should review this Policy periodically. When we change the policy in a material way, we will update the ‘last modified’ date at the top of this Privacy Policy. Changes to this Privacy Policy are effective when they are posted on this page.

If you have any questions about this Privacy Policy, the practices of the Site, or your dealings with the Site, please contact us at privacy@shimmerteen.com.

Acceptance of these Terms

By using this site, or providing information to us, you signify your agreement to our Privacy Policy. If you do not agree with this policy, please do not use this site. In addition, your continued use of our site following the posting of changes to these terms will also signify your acceptance of those changes.