THIS
IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY SERVICE
PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS
AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT
CAREFULLY BEFORE ACCEPTING ITS TERMS.
1.
Parties. The parties to this Agreement are you, a visitor to this
web site ("You"), and the owner and operator of this web
site: INDIGO ROSE SOFTWARE DESIGN CORPORATION, a Manitoba corporation
("Indigo Rose"). All references to "us", "this
web site" or "this site" shall be construed to mean
Indigo Rose. If the user is not an individual, then "You"
means Your company, its officers, members, agents, successors and
assigns.
2.
Assent To Terms of Use And Amendment. Indigo Rose grants a non-exclusive,
non-transferable, and revocable license to You and provides the
services available at this site to You subject to the following
terms and conditions. THESE TERMS AND CONDITIONS MAY BE AMENDED
BY US FROM TIME TO TIME WITHOUT NOTICE TO YOU. YOU CAN REVIEW THE
MOST CURRENT VERSION OF THE TERMS AND CONDITIONS AT ANY TIME AT
THIS SITE. IN ADDITION, WHEN USING PARTICULAR SERVICES IN THIS SITE,
GUIDELINES OR RULES MAY BE POSTED WHICH ARE APPLICABLE TO YOUR USE
OF THOSE SERVICES. YOUR USE OF THIS SITE AND YOUR RELATIONSHIP WITH
INDIGO ROSE ARE SUBJECT TO ALL GUIDELINES OR RULES THAT MAY BE POSTED
FROM TIME TO TIME ON THE SITE, WHICH ARE ALL INCORPORATED BY REFERENCE
INTO THIS AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO BE
BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION
OF THE TERMS OF USE AGREEMENT AND ANY GUIDELINES AND RULES POSTED
ON THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT,
DO NOT USE THIS SITE.
3.
Entire Agreement. This Terms of Use Agreement will be expressly
incorporated by reference in each and every agreement between You
and Indigo Rose, and except for any separate license agreement for
software and/or content, this terms of use agreement supersedes
any and all prior and existing agreements, whether oral or in writing,
between You and Indigo Rose with respect to the subjects addressed
herein and constitutes the entire agreement between the parties
with respect to those subjects. Except for any separate license
agreement for software and/or content, You acknowledge that neither
Indigo Rose nor anyone on Indigo Rose's behalf has made any representations,
inducements, promises or agreements, orally or otherwise, to You
relating to the subjects addressed by this terms of use agreement
that are not embodied herein.
4.
Prohibited Conduct. You agree (i) not to use this site to upload
or distribute in any way files that contain viruses, corrupted files,
or any other similar software or programs that may damage the operation
of another's computer; (ii) not to interfere or disrupt this site
or any networks connected to this site; (iii) not to use any device,
software or routine or attempt to interfere with the proper functioning
of this site or any transactions being offered at this site; (iv)
not to take any action that imposes an unreasonable or disproportionately
large load on Indigo Rose's infrastructure; (v) not to use this
site to collect or harvest personal information, including, without
limitation, financial information, about other participants at this
site; and (vi) not to impersonate any person or entity or falsely
state or otherwise misrepresent Your affiliation with a person or
entity. You agree not to use the services, products, or downloads
available at this site for illegal purposes, and to comply with
all regulations, policies and procedures of networks connected to
this site.
5.
Compliance with Laws. You shall comply with all applicable laws
and regulations of the United States and foreign authorities (including,
but not limited to United States trade restriction laws, export
laws or license requirements and laws regarding the sale or transport
of hazardous materials, and laws regarding the transmission of technical
data, including without limitation encryption, exported from the
United States through the services available at this site) relating
to any service, product, or download associated with this site.
6.
Separate License Agreement(s). You may acquire software and/or content
from Indigo Rose by download from this site, or otherwise directly
from Indigo Rose. You agree that your use of such software and/or
content shall be strictly in accordance with the applicable license
agreement(s).
7.
Registration Data And Privacy. Registration may be required for
you to download from this site, or for your participation in certain
services offered at this site. You must provide certain current,
complete, and accurate information about You as prompted to do so
by the registration form ("Registration Data"), and maintain
and update such registration information as required to keep such
information current, complete and accurate. You warrant that your
Registration Data is accurate and current, and that You are authorized
to provide such Registration Data. You authorize us to verify your
Registration Data at any time. If any Registration Data that You
provide is untrue, inaccurate, not current or incomplete, Indigo
Rose retains the right, in its sole discretion, to suspend or terminate
rights to use the services. Registration Data and certain other
information about You is subject to our Privacy Policy which may
be accessed from the Indigorose.com home page. Solely to enable
Indigo Rose to use information You supply us internally, so that
we are not violating any rights You might have in that information,
You grant to Indigo Rose a nonexclusive license to (i) convert such
information into digital format such that it can be read, utilized
and displayed by Indigo Rose's computers or any other technology
currently in existence or hereafter developed capable of utilizing
digital information, and (ii) combine the information with other
content provided by Indigo Rose, in each case by any method or means
or in any medium whether now known or hereafter devised.
8.
Registration By Children Under The Age of 13 Is Not Permitted. REGISTRATION
IS NOT AVAILABLE TO CHILDREN UNDER THE AGE OF 13. IF A USER UNDER
THE AGE OF 13 ATTEMPTS TO REGISTER WITH INDIGOROSE.COM, WE SHALL
NOTIFY THE USER THAT HE OR SHE IS NOT ELIGIBLE, AND WE SHALL NOT
COLLECT OR USE ANY PERSONAL INFORMATION FROM SUCH CHILD.
9.
Posting of Digital Files And/Or Communications. If this web site
should at any time provide any service which enables visitors to
post digital files and/or to communicate with or otherwise share
information with other visitors or persons providing any kind or
service to visitors, You agree not to submit, publish, display,
disseminate, or otherwise communicate any defamatory, inaccurate,
abusive, threatening, offensive, copyrighted or illegal material
while connected to or otherwise directly or indirectly using this
web site or other services provided to You by the web site. Transmission
of such material or any material that violates any federal, state,
or local law in the United States or anywhere else in the world,
is strictly prohibited and shall constitute a material breach of
this Agreement entitling this web site to immediately terminate
all rights to access to this web site. You are solely responsible
for all information which You submit, publish, display, disseminate
or otherwise communicate through this web site even if a claim should
arise after termination of service. If this web site provides any
such service described herein, You agree that all messages and other
communications by You shall be deemed to be readily accessible to
all other visitors/subscribers who are authorized to access this
web site and You agree that all such messages and other communications
shall not be deemed to be private or secure. Any material, information
or idea you transmit to or post on this site by any means will be
treated as non-proprietary, and may be used by Indigo Rose, its
owners or its affiliates for any purpose whatsoever, including,
but not limited to, developing, manufacturing and marketing products.
Regardless of whether this web site provides any type of service
described herein, You agree that You have hereby been informed and
noticed that any and all messages and other communications which
You submit to this web site directly or through this web site can
be read by the operators and/or other agents of this web site, whether
or not they are the intended recipient(s). You agree to be personally
liable and fully defend and indemnify this web site for any and
all damages directly, indirectly and/or consequentially resulting
from your attempted or actual sharing of information or communicating
with others through this web site alone, or with or under the authority
of, any other person(s), including, without limitation, any governmental
agency(ies), wherein such damages include, without limitation, all
direct and consequential damages directly or indirectly resulting
from sharing of information or communicating with others through
this web site including, but not limited to, damages resulting from
loss of revenue, loss of property, fines, attorney's fees and costs,
including, without limitation, damages resulting from prosecution
and/or governmentally imposed seizure(s), forfeiture(s), and/or
injunction(s).
10.
Copyrights. The copyright in all material provided on this site
is owned by Indigo Rose or by Indigo Rose's licensor(s). You acknowledge
and agree that this site contains proprietary information that is
protected by applicable intellectual property and other laws. You
further acknowledge and agree that information presented to You
through this site, including text, graphics, logos, icons, images
and software, and the arrangement and compilation of such content,
are the property of Indigo Rose or its content suppliers and is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Indigo Rose does not grant any license
or authorization to any user of its copyrightable material or other
intellectual property, by placing them on this site. Furthermore,
except as stated herein, none of the material may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted
in any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the prior
written permission of Indigo Rose or the copyright owner. However,
You may print a copy of the information on this site for Your personal,
non-commercial internal use or records. In so doing, You may not
modify the materials and You agree to retain all copyright and other
proprietary notices contained in the materials. This permission
does not give You any ownership rights in the information and terminates
automatically if You breach any of these terms or conditions. If
You make any other use of this site, except as otherwise provided
herein, You may violate copyright and other laws of the United States,
other countries, as well as applicable state laws and may be subject
to penalties.
11.
Copyright Infringement; The Digital Millennium Copyright Act. Indigo
Rose maintains specific contact information including an e-mail
address for notifications of claimed infringement concerning materials.
All correspondence should be addressed to Indigo Rose's agent for
notice of claimed infringement under The Digital Millennium Copyright
Act, U.S.C.A. Section 512, at the following address:
Notification
of Claimed Infringement
Indigo Rose Software Design Corporation
123 Bannatyne Ave
Suite 200
Winnipeg, MB, Canada, R3B 0R3
Telephone:204-946-0263
Facsimile:204-942-3421
You
may contact Indigo Rose with complaints regarding allegedly infringing
posted material and Indigo Rose will investigate those complaints.
If the posted material is believed in good faith by Indigo Rose
to violate any applicable law, Indigo Rose will remove or disable
access to any such material and Indigo Rose will notify the posting
party that the material has been blocked or removed.
12.
Trademarks. The trademarks, service marks, and logos (the "Trademarks")
used and displayed on this site are registered and unregistered
Trademarks of Indigo Rose and others. Nothing on this site should
be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any Trademark displayed on the site,
without the written permission of the Trademark owner. Indigo Rose
aggressively enforces its intellectual property rights to the fullest
extent of the law. The Trademark(s) INDIGO ROSE SOFTWARE, AUTOPLAY
MENU STUDIO, AUTOPLAY MEDIA STUDIO, AUTOPLAY STUDIO, AUTORUN STUDIO,
LIQUID CABARET, Autorun MAX!, SPEEDY TRAINING, STYLE WORKSHOP,
TRUEUPDATE, VISUAL PATCH may not be used in any way, including in
advertising or publicity pertaining to distribution of materials
on this site, without prior, written permission. Indigo Rose prohibits
use of any of the forgoing names or marks as a metatag or as a "hot"
link to any Indigo Rose site unless establishment of such a link
is approved in advance by Indigo Rose in writing. If You have any
questions regarding any trademarks on the site, please contact Indigo
Rose.
13.
Links. This site may provide links to other Internet sites. Indigo
Rose is not responsible for the availability of such other sites
and does not endorse and is not responsible or liable for any content,
products or other materials available on such other sites. Links
to external web sites do not constitute an endorsement by Indigo
Rose of those sites or the sponsors of such sites or the content,
products, advertising or other materials presented on such sites.
Further, Indigo Rose reserves the right to terminate any link or
linking program at any time. Indigo Rose does not author, edit,
or monitor these unofficial pages or links. You further acknowledge
and agree that Indigo Rose shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any information,
goods or services available on or through any such site. If You
decide to access any of the third party sites linked to this site,
You do this entirely at Your own risk.
14.
Participation In Promotions Of Advertisers. You may enter into correspondence
with or participate in promotions of advertisers promoting their
products or services on this site ("Advertisers"). You
acknowledge and agree that any such correspondence or participation,
including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties or representations associated
with such correspondence or promotions, are solely between You and
Advertiser. Indigorose.com shall have no liability, obligation or
responsibility whatsoever arising out of or in connection with any
such correspondence or participation or transactions.
15.
Monitoring. You acknowledge that Indigo Rose or its designees reserves
the right to, and may from time to time, monitor any and all activity
or information transmitted or received through this site. Indigo
Rose, in its sole discretion and without further notice to You,
may (but is not obligated to) review, censor or prohibit any activity
or the transmission or receipt of any Information which Indigo Rose
deems inappropriate (such as that specified in above) or that violates
any term or condition of this agreement. During monitoring, information
may be examined, recorded, copied, and used for authorized purposes.
Use of this site, authorized or unauthorized, constitutes consent
to such monitoring. Unauthorized uses and unauthorized users of
this site will be prosecuted to the full extent of the law.
16.
NO WARRANTIES. THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE,
AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT
FOR SOFTWARE OR CONTENT, ALL GOODS AND SERVICES OBTAINED THROUGH
THIS SITE, ARE PROVIDED ON AN "AS IS" BASIS FROM INDIGO
ROSE AND ITS INFORMATION PROVIDERS, INDIGO ROSE AND ITS AFFILIATES
AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE
UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION
OF THE SOFTWARE AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED
ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS
INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE
LAW, EACH OF INDIGO ROSE AND INDIGO ROSE'S AFFILIATES AND CONTENT
PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. WITHOUT LIMITING
THE FOREGOING, NONE OF INDIGO ROSE NOR INDIGO ROSE'S AFFILIATES
OR CONTENT PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS OR SERVICES
OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS
OR SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv)
THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE
OR AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES
WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM INDIGO ROSE OR THROUGH THIS SITE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
17.
LIMITED LIABILITY. INDIGO ROSE AND ALL OF INDIGO ROSE's AFFILIATES
AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES
SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF
DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER
INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY
HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT
BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT
MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOU AGREE THAT
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE
OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GOODS OR SERVICES
PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE
(1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER
BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY,
THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS
MADE TO INDIGO ROSE, IF ANY, FOR THE SERVICE, SOFTWARE OR CONTENT
AT ISSUE.
18.
Indemnity. You shall indemnify, defend, and hold harmless Indigo
Rose and its content providers and their respective shareholders,
affiliates, employees, agents, successors, officers, and assigns,
from any suits, losses, claims, demands, liabilities, costs and
expenses (including attorney and accounting fees) that they may
sustain or incur arising from (i) Your use of the software available
at or downloaded from this site, (ii) Your failure to comply with
any applicable laws and regulations (including without limitation
those regarding the export of products or technology abroad) or
to obtain any licenses or approvals from the appropriate government
agencies necessary to purchase or sell the subject goods and services,
(iii) Your use of the content available on this site in any way
contrary to this agreement (d) Your breach of any of Your representations,
warranties or obligations set forth in this agreement, (iv) the
sale, purchase, transportation, delivery, use or disposal of any
Indigo Rose service, product, or download associated with this site
or available through other sites, or any loss suffered by or harm
to any person or property in any way relating to of caused in whole
or in part by Your use of this site or any service, product, or
download associated with this site (including, without limitation,
any personal injuries or death of any third person caused in whole
or in part by such products or services, the use, transportation,
delivery, storage, handling or release thereof), and (v) any taxes
attributable to the relating to any service, product, or download
associated with this site.
19.
Beneficiaries of this Agreement; No Other Agreements. The rights
and limitations in this agreement are for the benefit of Indigo
Rose and each of Indigo Rose's content providers, each of which
shall have the right to enforce its rights hereunder directly and
on its own behalf.
20.
Termination. You agree that Indigo Rose may, at its sole discretion,
deny You access to the site and disable any user name and password
associated with You for any reason, including, without limitation,
if Indigo Rose believes that You have violated or acted inconsistently
with the letter or spirit of this agreement. Indigo Rose reserves
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the services offered under this site
(or any part thereof) with or without notice. You agree that Indigo
Rose shall not be liable to You or to any third party for any modification,
suspension or discontinuance of the services offered under this
site.
21.
Consumer Rights. Indigo Rose maintains specific contact information
including an e-mail address for notifications of complaints and
for inquiries regarding pricing policies. All correspondence should
be addressed to Indigo Rose's agent for notice at the following
address:
Notification
of Consumer Rights Complaint or Pricing Inquiry
Indigo Rose Software Design Corporation
123 Bannatyne Ave
Suite 200
Winnipeg, MB, Canada, R3B 0R3
Contact: Director of Web Properties
Telephone:204-946-0263
Facsimile:204-942-3421
You
may contact Indigo Rose with complaints and inquiries regarding
pricing and Indigo Rose will investigate those matters and respond
to the inquiries.
22.
Controlling Law. This Agreement shall be construed under the laws
of the Province of Manitoba, Canada, excluding rules regarding conflicts
of law. The application the United Nations Convention of Contracts
for the International Sale of Goods is expressly excluded.
23.
Jurisdiction And Venue. You and Indigo Rose agree to submit to the
exclusive personal jurisdiction of the courts of City of Winnipeg
in the Province of Manitoba, Canada in all legal proceedings arising
under this Agreement.
BY
ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN YOU
AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL
ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS
AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE EXIT THIS SITE.
Last
Update: April 12, 2004.
PRIVACY
POLICY
1.
Privacy Statement. Indigo Rose Software Design Corporation, a Manitoba
corporation ("Indigo Rose"), operates this Indigorose.com
web site. Indigo Rose regards the privacy and security of user information
as a critical component of the service that we offer to our users.
The following information explains our information gathering and
dissemination practices.
2.
Registration. When you register to download software from the site
or to participate in certain the Indigorose.com service(s), our
registration form requires you to give us your name, address, country,
zip code, phone number, fax number, email address and other personal
details ("Registration Data").
3.
Registration Data. We use Registration Data to tailor our site to
your particular needs. We also use Registration Data to send you
information about our company and service and to keep you informed
of enhancements and complementary products in which you might be
interested. We use demographic and profile information to tailor
your experience at our site, showing you the content that we think
you might be interested in as well as displaying the content according
to your preferences. You may choose to stop receiving future communications
from us. Please see the Opt-Out and Discontinue Section below.
4.
Cookies. Cookies are pieces of information that a web site transfers
to your computer's hard disk for record-keeping purposes. Cookies
in and of themselves do not personally identify users, although
they do identify a user's computer. Most browsers are initially
set up to accept cookies. If you'd prefer, you can set your browser
to refuse cookies. However, you may not be able to take full advantage
of a web site if you do so. We use cookies to collect demographic
and profile data for purposes of delivering content specific to
your interests. Advertisers that display ads on our site may also
use cookies. Indigorose.com does not have access to the information
obtained from those cookies.
5.
IP Addresses. IP addresses are used by your computer every time
you are connected to the Internet. Your IP address is a number that
is used by computers on the network to identify your computer. IP
addresses are automatically collected by our web server as part
of demographic and profile data known as "traffic data"
so that data (such as the Web pages you request) can be sent to
you. Indigorose.com will not use your IP address to attempt to identify
your personal information.
6.
Referers. A Referer is the information passed along by a web browser
that references the Web URL you linked from, and is automatically
collected by our web server as "traffic data". This information
is used by Indigorose.com to identify broad demographic trends that
may be used to provide information tailored to your interests. You
will not be personally identified from this information.
7.
System Information. System information we collect as part of "traffic
data" includes time, the type of web browser being used, the
operating system/platform, and CPU speed. This information is sent
automatically by your web browser when you are connected to a web
site. This information is used by Indigorose.com in identifying
broad demographic trends and may be used to provide information
appropriate for your computer system. You will not be personally
identified from this information.
8.
Sharing of Information. Indigorose.com feels strongly that your
personal data should only be seen by you, unless you choose to share
it with others. We will never sell, rent, license or exchange personally
identifiable data with a third party without your permission. No
personally identifiable data or information will be shared with
advertisers or partners without your permission. Some of your information
may be shared on an aggregate basis only, as a part of a larger
set of statistics (for example, statistics that indicate the percentage
of our members that are female), but that information will not be
sufficient to permit the recipient to identify you. Notwithstanding
the forgoing, Indigorose.com will only disclose personally identifiable
data without your permission in the following limited circumstances:
(i) if Indigorose.com is required to do so by law, or (ii) if Indigorose.com
has the good faith belief that such action is necessary to conform
to applicable laws or comply with legal process served on Indigorose.com,
or to protect and defend the rights or property of Indigorose.com
or another subscriber or to enforce the Terms of Use.
9.
Other Web Sites, Links, And Advertisers. This web site contains
links to other web sites. Indigorose.com advertisers may also have
links on this web site. The privacy practices of those advertisers
or web sites linked to Indigorose.com are not covered by this privacy
statement and Indigorose.com is not responsible for the privacy
practices or the content of such web sites. Additionally, if you
make a purchase from a store or merchant listed on or linked to
the Indigorose.com web site, any information that you give, such
as your credit card number and contact information, is provided
to those merchants. These merchants have separate privacy and data
collection practices and Indigorose.com has no responsibility or
liability for these independent policies. You should be careful
to review any privacy policies posted on any linked sites before
signing up with and using them.
10.
Children Under Age of Thirteen. We do not collect any registration
information from users who indicate they are under the age of thirteen
(13). If a user under the age of thirteen (13) attempts to register
with Indigorose.com, Indigorose.com notifies the user that he or
she is not eligible to become a member of Indigorose.com's service
and we do not collect or use any personal information from that
child. Except in those limited instances described above, Indigorose.com
will not share personally identifiable information about our users
with third parties without your permission, and we do not sell,
license or rent personal information about any of our members, regardless
of age.
11.
Security. Information collected by Indigorose.com is stored in secure
operating environments that are not available to the public. All
of our employees are dedicated to maintaining and upholding your
privacy and security and are aware of our privacy and security policies.
Unfortunately, no data transmission over the Internet can be guaranteed
100% secure. As a result, while we strive to protect your personal
information, Indigorose.com cannot ensure or warrant the security
of any information you transmit to us from our online products or
services, and you do so at your own risk. Once we receive your transmission,
we make our best efforts to ensure its security on our systems.
12.
Opt-Out and Discontinue. You may elect to avoid future communications
from Indigorose.com by sending us an email at unsubscribe @ indigorose.com
indicating your Username and E-mail address and requesting to opt-out
and discontinue future communications. Under urgent circumstances,
Indigorose.com may be required to send you information about the
service or your account, but Indigorose.com will not send you unsolicited
communications regarding any commercial offers or advertisements
if you have opted out or discontinued the service.
13.
Update/Edit. Registered users, you may update or edit their account
and personal information previously entered by logging in with their
user ID and password, and then following the instructions.
14.
Contact Us. If you have any questions regarding this Privacy Policy,
the practices of Indigorose.com, or your dealings with our web site,
please contact us at:
Indigo Rose Software Design Corporation
123 Bannatyne Ave, Suite 200
Winnipeg, CA, R3B 0R3
Contact: Director of Web Properties
Telephone:204-946-0263
Facsimile:204-942-3421
15.
Modification of Privacy Policy By Indigorose.com. Indigorose.com
reserves the right to change or update this Privacy Policy at any
time by posting a notice that we are changing our Privacy Policy.
Last
Update: April 12, 2004.
