Thank you for choosing to be part of our community at FiscalBall.net
(“Company”, “we”, “us”, or “our”). We are committed to protecting your
personal information and your right to privacy. If you have any questions
or concerns about our policy, or our practices with regards to your
personal information, please contact us at michaelpoynter@michaelpoynter.com.
When you visit our and use our services, you trust us with your personal
information. We take your privacy very seriously. In this privacy policy,
we seek to explain to you in the clearest way possible what information
we collect, how we use it and what rights you have in relation to it.
We hope you take some time to read through it carefully, as it is important.
If there are any terms in this privacy policy that you do not agree with,
please discontinue use of our and our services.
This privacy policy applies to all information collected through our and/or
any related services, sales, marketing or events (we refer to them collectively
in this privacy policy as the "Services").
Please read this privacy policy carefully as it will help you make informed
decisions about sharing your personal information with us.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
2. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
3. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
4. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
5. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
6. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
7. HOW LONG DO WE KEEP YOUR INFORMATION?
8. DO WE COLLECT INFORMATION FROM MINORS?
9. WHAT ARE YOUR PRIVACY RIGHTS?
10. CONTROLS FOR DO-NOT-TRACK FEATURES
11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
12. DO WE MAKE UPDATES TO THIS POLICY?
13. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us such as
name, address, contact information, passwords and security data,
and payment information.
We collect personal information that you voluntarily provide to us when
registering at the expressing an interest in obtaining information about
us or our products and services, when participating in activities on the
(such as posting messages in our online forums or entering competitions,
contests or giveaways) or otherwise contacting us.
The personal information that we collect depends on the context of your
interactions with us and the , the choices you make and the products and
features you use. The personal information we collect can include the following:
Credentials. We collect passwords, password hints, and similar security
information used for authentication and account access.
Social Media Login Data. We provide you with the option to register using
social media account details, like your Facebook, Twitter or other social
media account. If you choose to register in this way, we will collect the
Information described in the section called "HOW DO WE HANDLE YOUR SOCIAL
LOGINS" below.
All personal information that you provide to us must be true, complete and
accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information — such as IP address and/or browser and device
characteristics — is collected automatically when you visit our website.
We automatically collect certain information when you visit, use or navigate
the website. This information does not reveal your specific identity (like your
name or contact information) but may include device and usage information,
such as your IP address, browser and device characteristics, operating system,
language preferences, referring URLs, device name, country, location,
information about how and when you use our and other technical information.
This information is primarily needed to maintain the security and operation
of our website, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar
technologies.
2. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws,
to provide you with services, to protect your rights, or to fulfill
business obligations.
We may process or share data based on the following legal basis:
Consent: We may process your data if you have given us specific consent to
use your personal information in a specific purpose.
Legitimate Interests: We may process your data when it is reasonably necessary
to achieve our legitimate business interests.
Performance of a Contract: Where we have entered into a contract with you,
we may process your personal information to fulfill the terms of our contract.
Legal Obligations: We may disclose your information where we are legally
required to do so in order to comply with applicable law, governmental requests,
a judicial proceeding, court order, or legal process, such as in response to
a court order or a subpoena (including in response to public authorities to
meet national security or law enforcement requirements).
Vital Interests: We may disclose your information where we believe it is
necessary to investigate, prevent, or take action regarding potential violations
of our policies, suspected fraud, situations involving potential threats to
the safety of any person and illegal activities, or as evidence in litigation
in which we are involved.
More specifically, we may need to process your data or share your personal
information in the following situations:
Vendors, Consultants and Other Third-Party Service Providers. We may share
your data with third party vendors, service providers, contractors or agents
who perform services for us or on our behalf and require access to such
information to do that work. Examples include: payment processing, data
analysis, email delivery, hosting services, customer service and marketing
efforts. We may allow selected third parties to use tracking technology on the website,
which will enable them to collect data about how you interact with the over
time. This information may be used to, among other things, analyze and
track data, determine the popularity of certain content and better understand
online activity. Unless described in this Policy, we do not share, sell,
rent or trade any of your information with third parties for their promotional
purposes.
Business Transfers. We may share or transfer your information in connection
with, or during negotiations of, any merger, sale of company assets, financing,
or acquisition of all or a portion of our business to another company.
Third-Party Advertisers. We may use third-party advertising companies to
serve ads when you visit the . These companies may use information about
your visits to our Website(s) and other websites that are contained in web
cookies and other tracking technologies in order to provide advertisements
about goods and services of interest to you.
Affiliates. We may share your information with our affiliates, in which case
we will require those affiliates to honor this privacy policy. Affiliates
include our parent company and any subsidiaries, joint venture partners or
other companies that we control or that are under common control with us.
Business Partners. We may share your information with our business partners
to offer you certain products, services or promotions.
Other Users. When you share personal information or otherwise interact with
public areas of the website, such personal information may be viewed by all users
and may be publicly distributed outside the in perpetuity. If you interact
with other users of our and register through a social network (such as Facebook),
your contacts on the social network will see your name, profile photo, and
descriptions of your activity. Similarly, other users will be able to view
descriptions of your activity, communicate with you within our website, and view
your profile.
3. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
In Short: We may use cookies and other tracking technologies to collect
and store your information.
We may use cookies and similar tracking technologies (like web beacons and
pixels) to access or store information. Specific information about how we
use such technologies and how you can refuse certain cookies is set out in
our Cookie Policy.
4. HOW DO WE HANDLE YOUR SOCIAL LOGINS?
In Short: If you choose to register or log in to our services using a social
media account, we may have access to certain information about you.
Our offer you the ability to register and login using your third party social
media account details (like your Facebook or Twitter logins).
Where you choose to do this, we will receive certain profile information
about you from your social media provider. The profile Information we
receive may vary depending on the social media provider concerned, but
will often include your name, e-mail address, friends list, profile
picture as well as other information you choose to make public.
We will use the information we receive only for the purposes that are described
in this privacy policy or that are otherwise made clear to you on the .
Please note that we do not control, and are not responsible for, other uses
of your personal information by your third party social media provider.
We recommend that you review their privacy policy to understand how they collect,
use and share your personal information, and how you can set your privacy
preferences on their sites and apps.
5. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
In Short: We may transfer, store, and process your information in countries
other than your own.
Our servers are located in. If you are accessing our from outside, please be
aware that your information may be transferred to, stored, and processed by
us in our facilities and by those third parties with whom we may share your
personal information (see "WILL YOUR INFORMATION BE SHARED WITH ANYONE?" above),
in and other countries.
If you are a resident in the European Economic Area, then these countries may
not have data protection or other laws as comprehensive as those in your country.
We will however take all necessary measures to protect your personal information
in accordance with this privacy policy and applicable law.
6. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
In Short: We are not responsible for the safety of any information that you
share with third-party providers who advertise, but are not affiliated with,
our websites.
The may contain advertisements from third parties that are not affiliated with
us and which may link to other websites, online services or mobile applications.
We cannot guarantee the safety and privacy of data you provide to any third
parties. Any data collected by third parties is not covered by this privacy
policy. We are not responsible for the content or privacy and security
practices and policies of any third parties, including other websites,
services or applications that may be linked to or from the website. You should
review the policies of such third parties and contact them directly to
respond to your questions.
7. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the
purposes outlined in this privacy policy unless otherwise required by law.
We will only keep your personal information for as long as it is necessary
for the purposes set out in this privacy policy, unless a longer retention
period is required or permitted by law (such as tax, accounting or other legal
requirements). No purpose in this policy will require us keeping your personal
information for longer than a year.
When we have no ongoing legitimate business need to process your personal
information, we will either delete or anonymize it, or, if this is not
possible (for example, because your personal information has been stored in
backup archives), then we will securely store your personal information and
isolate it from any further processing until deletion is possible.
8. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under
18 years of age.
We do not knowingly solicit data from or market to children under 18 years
of age. By using the , you represent that you are at least 18 or that you
are the parent or guardian of such a minor and consent to such minor dependent’s
use of the . If we learn that personal information from users less than 18 years
of age has been collected, we will deactivate the account and take reasonable
measures to promptly delete such data from our records. If you become aware of
any data we have collected from children under age 18, please contact us at
michaelpoynter@michaelpoynter.com.
9. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate your account at any time.
If you are resident in the European Economic Area and you believe we are
unlawfully processing your personal information, you also have the right
to complain to your local data protection supervisory authority.
You can find their contact details here:
http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
Account Information
If you would at any time like to review or change the information in your
account or terminate your account, you can:
Upon your request to terminate your account, we will deactivate or delete
your account and information from our active databases. However, some
information may be retained in our files to prevent fraud, troubleshoot
problems, assist with any investigations, enforce our Terms of Use and/or
comply with legal requirements.
Opting out of email marketing: You can unsubscribe from our marketing email
list at any time by clicking on the unsubscribe link in the emails that we
send or by contacting us using the details provided below. You will then be
removed from the marketing email list – however, we will still need to send
you service-related emails that are necessary for the administration and use
of your account. To otherwise opt-out, you may:
10. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications
include a Do-Not-Track (“DNT”) feature or setting you can activate to signal
your privacy preference not to have data about your online browsing activities
monitored and collected. No uniform technology standard for recognizing and
implementing DNT signals has been finalized. As such, we do not currently
respond to DNT browser signals or any other mechanism that automatically
communicates your choice not to be tracked online. If a standard for online
tracking is adopted that we must follow in the future, we will inform you
about that practice in a revised version of this privacy policy.
11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific
rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law,
permits our users who are California residents to request and obtain from us,
once a year and free of charge, information about categories of personal
information (if any) we disclosed to third parties for direct marketing purposes
and the names and addresses of all third parties with which we shared personal
information in the immediately preceding calendar year. If you are a California
resident and would like to make such a request, please submit your request in
writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered
account with the , you have the right to request removal of unwanted data that
you publicly post on the website. To request removal of such data, please contact us
using the contact information provided below, and include the email address
associated with your account and a statement that you reside in California.
We will make sure the data is not publicly displayed on the , but please be
aware that the data may not be completely or comprehensively removed from
our systems.
12. DO WE MAKE UPDATES TO THIS POLICY?
In Short: Yes, we will update this policy as necessary to stay compliant
with relevant laws.
We may update this privacy policy from time to time. The updated version
will be indicated by an updated “Revised” date and the updated version will
be effective as soon as it is accessible. If we make material changes to
this privacy policy, we may notify you either by prominently posting a notice
of such changes or by directly sending you a notification. We encourage you
to review this privacy policy frequently to be informed of how we are
protecting your information.
13. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have questions or comments about this policy, you may email us
at michaelpoynter@michaelpoynter.com
HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the laws of some countries, you may have the right to request access
to the personal information we collect from you, change that information,
or delete it in some circumstances. To request to review, update,
or delete your personal information, please submit a request form by
clicking here. We will respond to your request within 30 days.
Terms of Service
Last updated February 12, 2023
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (“you”) and FiscalBall.net
("Company", “we”, “us”, or “our”), concerning your access to and use of
the https://www.fiscalball.net website as well as any other media form,
media channel, mobile website or mobile application related, linked, or
otherwise connected thereto (collectively, the “Site”). You agree that by
accessing the Site, you have read, understood, and agreed to be bound by
all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE
USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Site from time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or modifications
to these Terms of Use at any time and for any reason. We will alert you
about any changes by updating the “Last updated” date of these Terms of Use,
and you waive any right to receive specific notice of each such change. It is
your responsibility to periodically review these Terms of Use to stay informed
of updates. You will be subject to, and will be deemed to have been made aware
of and to have accepted, the changes in any revised Terms of Use by your
continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or
use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations
do so on their own initiative and are solely responsible for compliance with
local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 13 years of age. All users
who are minors in the jurisdiction in which they reside (generally under
the age of 18) must have the permission of, and be directly supervised by,
their parent or guardian to use the Site. If you are a minor, you must have
your parent or guardian read and agree to these Terms of Use prior to you
using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all
source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics on the Site (collectively, the “Content”)
and the trademarks, service marks, and logos contained therein (the “Marks”)
are owned or controlled by us or licensed to us, and are protected by
copyright and trademark laws and various other intellectual property rights
and unfair competition laws of the United States, foreign jurisdictions,
and international conventions. The Content and the Marks are provided on the
Site “AS IS” for your information and personal use only. Except as expressly
provided in these Terms of Use, no part of the Site and no Content or Marks
may be copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our
express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited
license to access and use the Site and to download or print a copy of any
portion of the Content to which you have properly gained access solely for
your personal, non-commercial use. We reserve all rights not expressly granted
to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2)
you will maintain the accuracy of such information and promptly update such
registration information as necessary; (3) you have the legal capacity and
you agree to comply with these Terms of Use; (4) you are not under the age
of 13; (5) you are not a minor in the jurisdiction in which you reside, or
if a minor, you have received parental permission to use the Site; (6) you
will not access the Site through automated or non-human means, whether through
a bot, script, or otherwise; (7) you will not use the Site for any illegal
or unauthorized purpose; and (8) your use of the Site will not violate any
applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password
confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username you select if
we determine, in our sole discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which
we make the Site available. The Site may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved
by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or
compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features
of the Site, including features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of the Site and/or the Content
contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site in order to harass, abuse, or
harm another person.
6. Make improper use of our support services or submit false reports of abuse
or misconduct.
7. Use the Site in a manner inconsistent with any applicable laws or regulations.
8. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Site or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation,
or maintenance of the Site.
9. Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data gathering
and extraction tools.
10. Delete the copyright or other proprietary rights notice from any Content.
11. Attempt to impersonate another user or person or use the username of
another user.
12. Sell or otherwise transfer your profile.
13. Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange formats
(“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as “spyware” or “passive collection mechanisms” or “pcms”).
14. Interfere with, disrupt, or create an undue burden on the Site or the
networks or services connected to the Site.
15. Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Site to you.
16. Attempt to bypass any measures of the Site designed to prevent or restrict
access to the Site, or any portion of the Site.
17. Copy or adapt the Site’s software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
18. Decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site.
19. Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Site, or using or launching any unauthorized script
or other software.
20. Use a buying agent or purchasing agent to make purchases on the Site.
21. Make any unauthorized use of the Site, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose
of sending unsolicited email, or creating user accounts by automated means
or under false pretenses.
22. Use the Site as part of any effort to compete with us or otherwise use
the Site and/or the Content for any revenue-generating endeavor or commercial
enterprise.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you
with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the Site,
including but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the Site and
through third-party websites. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or make available
any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance,
and the accessing, downloading, or copying of your Contributions do not and
will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Site, and
other users of the Site to use your Contributions in any manner contemplated
by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness
of each and every such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the Site and these
Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings,
or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined
by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government
or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of
any third party.
11. Your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the age
of 18 in a sexual or violent manner.
12. Your Contributions do not violate any federal or state law concerning
child pornography, or otherwise intended to protect the health or well-being
of minors;
13. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
14. Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or any applicable law or
regulation.
Any use of the Site in violation of the foregoing violates these Terms of
Use and may result in, among other things, termination or suspension of your
rights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site, you automatically
grant, and you represent and warrant that you have the right to grant, to
us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use, copy,
reproduce, disClose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate
into other works, such Contributions, and grant and authorize sublicenses of
the foregoing. The use and distribution may occur in any media formats and
through any media channels.
This license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name,
as applicable, and any of the trademarks, service marks, trade names, logos,
and personal and commercial images you provide. You waive all moral rights in
your Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership
of all of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable for
any statements or representations in your Contributions provided by you in any
area on the Site. You are solely responsible for your Contributions to the Site
and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorize any Contributions to
place them in more appropriate locations on the Site; and (3) to pre-screen or
delete any Contributions at any time and for any reason, without notice. We have
no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting
a review, you must comply with the following criteria: (1) you should have
firsthand experience with the person/entity being reviewed; (2) your reviews
should not contain offensive profanity, or abusive, racist, offensive, or hate
language; (3) your reviews should not contain discriminatory references based
on religion, race, gender, national origin, age, marital status, sexual
orientation, or disability; (4) your reviews should not contain references to
illegal activity; (5) you should not be affiliated with competitors if posting
negative reviews; (6) you should not make any conclusions as to the legality
of conduct; (7) you may not post any false or misleading statements; and (8)
you may not organize a campaign encouraging others to post reviews, whether
positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have
absolutely no obligation to screen reviews or to delete reviews, even if
anyone considers reviews objectionable or inaccurate. Reviews are not endorsed
by us, and do not necessarily represent our opinions or the views of any of
our affiliates or partners. We do not assume liability for any review or for
any claims, liabilities, or losses resulting from any review. By posting a review,
you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free,
fully-paid, assignable, and sublicensable right and license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute
all content relating to reviews.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Site ("Submissions") provided by
you to us are non-confidential and shall become our sole property. We shall
own exclusive rights, including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of these Submissions for
any lawful purpose, commercial or otherwise, without acknowledgment or compensation
to you. You hereby waive all moral rights to any such Submissions, and you hereby
warrant that any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no recourse against
us for any alleged or actual infringement or misappropriation of any proprietary
right in your Submissions.
ADVERTISERS
We allow advertisers to display their advertisements and other information in
certain areas of the Site, such as sidebar advertisements or banner advertisements.
If you are an advertiser, you shall take full responsibility for any advertisements
you place on the Site and any services provided on the Site or products sold
through those advertisements. Further, as an advertiser, you warrant and represent
that you possess all rights and authority to place advertisements on the Site,
including, but not limited to, intellectual property rights, publicity rights,
and contractual rights. We simply provide the space to place such advertisements,
and we have no other relationship with advertisers.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for
violations of these Terms of Use; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Terms of Use,
including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to,
limit the availability of, or disable (to the extent technologically feasible)
any of your Contributions or any portion thereof; (4) in our sole discretion
and without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner designed
to protect our rights and property and to facilitate the proper functioning of
the Site.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:
https://www.fiscalball.net/?view=privacy-policy. By using the Site, you
agree to be bound by our Privacy Policy, which is incorporated into these
Terms of Use. Please be advised the Site is hosted in the United States.
If you access the Site from the European Union, Asia, or any other region of
the world with laws or other requirements governing personal data collection,
use, or disclosure that differ from applicable laws in the United States, then
through your continued use of the Site, you are transferring your data to the
United States, and you expressly consent to have your data transferred to and
processed in the United States. Further, we do not knowingly accept, request,
or solicit information from children or knowingly market to children.
Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act,
if we receive actual knowledge that anyone under the age of 13 has provided
personal information to us without the requisite and verifiable parental consent,
we will delete that information from the Site as quickly as is reasonably
practical.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that
any material available on or through the Site infringes upon any copyright
you own or control, please immediately notify us using the contact information
provided below (a “Notification”). A copy of your Notification will be sent
to the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for
damages if you make material misrepresentations in a Notification. Thus, if
you are not sure that material located on or linked to by the Site infringes
your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the
Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES),
TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting
on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site
at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Site.
We also reserve the right to modify or discontinue all or part of the Site
without notice at any time. We will not be liable to you or any third party
for any modification, price change, suspension, or discontinuance of the
Site.
We cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue,
or otherwise modify the Site at any time or for any reason without notice
to you. You agree that we have no liability whatsoever for any loss, damage,
or inconvenience caused by your inability to access or use the Site during
any downtime or discontinuance of the Site. Nothing in these Terms of Use
will be construed to obligate us to maintain and support the Site or to
supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and
construed in accordance with the laws of the State of California
applicable to agreements made and to be entirely performed within the
State of California, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Binding Arbitration
Any dispute arising out of or in connection with this contract, including
any question regarding its existence, validity or termination, shall be
referred to and finally resolved by the International Commercial Arbitration
Court under the European Arbitration Chamber (Belgium, Brussels, Avenue
Louise, 146) according to the Rules of this ICAC, which, as a result of
referring to it, is considered as the part of this clause.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between
the Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis
or to utilize class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative capacity on
behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief. If this provision is found to be illegal
or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability,
and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT
OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR
$7.77 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees,
from and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use;
(4) any breach of your representations and warranties set forth in these
Terms of Use; (5) your violation of the rights of a third party, including
but not limited to intellectual property rights; or (6) any overt harmful act
toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are required
to indemnify us, and you agree to cooperate, at your expense, with our defense
of such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming
aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of
managing the performance of the Site, as well as data relating to your use of
the Site. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you
have undertaken using the Site. You agree that we shall have no liability to you
for any loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You
hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at
(800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the
Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Terms of Use shall not operate as a waiver of
such right or provision. These Terms of Use operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or part
of the provision is deemed severable from these Terms of Use and does not
affect the validity and enforceability of any remaining provisions. There
is no joint venture, partnership, employment or agency relationship created
between you and us as a result of these Terms of Use or use of the Site.
You agree that these Terms of Use will not be construed against us by virtue
of having drafted them. You hereby waive any and all defenses you may have
based on the electronic form of these Terms of Use and the lack of signing
by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at: