Type of Information the Website Collects
The Website generally collects personally identifying information with your specific knowledge and consent. For instance, when you enter a sweepstakes or contest, complete a survey, submit a posting, make a purchase, subscribe to Our publication(s), or register for any portion of Our services, you are asked to provide information such as your email address, name or phone number. Optional information such as your age or gender may also be requested.
Our servers may also automatically collect information about your computer when you visit the Website, including without limitation the type of browser software you use, the operating system you are running, the Website that referred you, and your Internet Protocol (“IP”) address. Your IP address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university.
How the Website Uses Information Provided by You
Tailgate Sports may use your user name and password to grant you access to and use of the Website. Your email address will be used, at your request, to send you a copy of your user name and password. If you provide personally identifiable information, it will be used to provide you with the service you have requested. We may also use the information provided by you to communicate with you about new features, products or services, and/or to improve the services that We offer by tailoring them to your needs.
We also allow access to Our database by third parties that provide Us with services such as technical maintenance, forums and coupon software, but only for the purpose of and to the extent necessary to provide those services. If you choose to purchase items through features on the Website, We may forward your information to third parties for services such as credit card processing and order fulfillment. You may provide information about yourself to Us in areas of the Website that are managed or participated in by third parties, such as job boards or shopping areas. In such cases, the information provided may be used by Us and by such third parties, each pursuant to its own policies. We may also provide your information to Our advertisers, so that they can serve ads to you that meet your needs or match your interests. While We will seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, We do not bear any responsibility for any actions or policies of third parties. We may also provide access to Our database in order to cooperate with official investigations or legal proceedings, for example, in response to subpoenas, search warrants, court orders or other legal process.
In addition, We reserve the right to use the information We collect about your computer, which may at times be able to identify you, for any lawful business purpose, including without limitation to help diagnose problems with Our servers, to gather broad demographic information and to otherwise administer the Website.
While your personally identifying information is protected as outlined above, We reserve the right to use, transfer, sell and share data about Our users for any business purpose, such as analyzing usage trends and seeking compatible advertisers and partners.
In addition, as Our business changes, We may buy or sell various assets. In the event all or a portion of the assets owned or controlled by Tailgate Sports, its parent company or any subsidiary or affiliated entities are sold, assigned, transferred or acquired by another company, the information from and/or about the Website users may be among the transferred assets.
By submitting your content to Us through use of the Website’s services, you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your content in whole or in part and to incorporate them in other works in any form, media or technology now known or later developed. You further warrant that all so-called moral rights in the content have been waived. We may collect registration and other information about you through the Website. By submitting your content to Us through the services, you agree to have your content reviewed by Our administration. We reserve the right, at the sole discretion of Our administration, to modify, publish or not publish any content you submit to the Website.
You may not use Our name to endorse or promote any product, opinion, cause or political candidate. Representation of your personal opinions as institutionally endorsed by Us or by Our sponsors, partners or any related organizations is strictly prohibited.
You understand that all content posted to the Website is the sole responsibility of the individual who originally posted the content. You further understand that all opinions expressed by users of the Website are expressed strictly in their individual capacities and not as Our representatives or as representatives of any of Our sponsors or partners. The opinions you or others post to the Website do not necessarily reflect Our opinions.
We ask that you respect Our online community and participating individuals. Your conduct should be guided by common sense and basic etiquette. Regarding the posting of comments, photos, videos, music, links or any other content (“Submissions”), YOU AGREE NOT TO:
o Use the Website in a manner that violates any applicable laws or regulations, either state or federal.
o Post or transmit any material (i) for which you do not have the right to transmit under applicable law, including copyright, trademark, trade secret or securities laws or (ii) in violation of your obligations to any third party, including nondisclosure agreements.
o Intentionally seek information on other users without their express permission; obtain copies of or modify files, passwords or other data belonging to other users without their express permission; solicit other users’ passwords or other account information; or harvest user names, email addresses or other personal information for any purpose.
o Impersonate any person, falsely state or otherwise misrepresent your affiliation with a person or entity.
o Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as the rights of privacy and publicity) of others; use racially, ethnically or otherwise offensive language; discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
o Post Submissions that contain nudity, violence or offensive subject matter.
o Post photographs or videos of another person without such person’s consent or otherwise invade anyone’s privacy through your Submissions.
o Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy or conduct that is abusive, threatening, obscene, defamatory or libelous.
o Promote religious intolerance, homophobia, or post personal attacks when using the Website.
o Engage in or facilitate the transmission of unsolicited mass mailing, provide or post to the Website any Submission that constitutes junk mail, spam, advertising and/or commercial offers.
o Harvest or otherwise collect information about others, including email addresses, or use information obtained from Our Services to send other users unsolicited email of any kind.
o Sell or otherwise transfer your profile or account on the Website to another person or entity.
o Use Our facilities, services or resources in a manner that interferes with or disrupts other network users, services or equipment. Such interference or disruption includes but is not limited to: (i) propagation of computer worms or viruses, (ii) use of the Website to make unauthorized entry to other computational, information or communications devices or resources and (iii) use of automated processes to interact with the Website, such as scripts to harvest data. This also includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
You agree to indemnify and hold Us and Our subsidiaries, affiliated companies, officers, agents and employees harmless in any and all claims, demands, damages, costs and expenses (actual and consequential), including attorneys’ fees, that arise from or otherwise relate to your use of the Website. Any content you supply to the Website, your violation of these Terms or of any rights of a third party through your use of the Website is your responsibility.
Cookies and Web Beacons
If you do not want to receive cookies, your Web browser likely includes an option that allows you to not accept them. However, some portions of the Website may not function properly if cookies are rejected by your browser.
Information Security and Notification
Because no data transmission over the Internet is completely secure and no system of physical or electronic security is impenetrable, Tailgate Sports cannot guarantee the security of any information you send to Us or the security of Our servers or databases. By using the Website, you agree to assume any and all risk related to information sent to Us or collected by Us when you use the Website. In the unlikely event that We believe the security of information about you in Our possession or control to have been compromised, We may seek to notify you. If notification is appropriate, We may notify you by email provided that We have your email address.
The Website is not intended for use by children under the age of 13 (“Minor Children”), and collecting personal information from Minor Children through the Services of the Website is strictly prohibited. Minor Children are not allowed to provide any personal information or use Our public discussion areas, forums or chats. No content should be directed toward Minor Children by other users. Minor Children are not eligible to use the Website, and We do not knowingly accept their personal information. Minors between the ages of 13 and 17 must have the permission of a parent or legal guardian before making purchases, including subscriptions, on the Website.
If Minors disclose information about themselves in publicly accessible areas of the Website, they may receive unsolicited messages from other parties. Accordingly, it is the responsibility of their parent(s) or legal guardian(s) to prevent them from doing so.
If you have any concerns or questions about any aspect of this policy, please feel free to contact Us. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please report it to Us via email at [email protected] or in writing to:
1 MetroTech Center North, 3rd Floor
Brooklyn, NY 11201