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Fizzkicks Privacy Policy
 
GENERAL TERMS OF AGREEMENT & PRIVACY POLICY

FizzKicks.com is a music & video oriented content and information website that allows Fans and Band/Artists (collectively known as Members) to create personal profiles online, create prepaid music cards, download music, view photos, view comments, post comments, view videos, and content. The Services offered by FizzKicks.com ("FizzKicks.com" or "we") include the FizzKicks.com Website (the "Website"), the ok-download.com, FizzKicks.com Music Card Builder, and any other features, content, or applications offered from time to time by FizzKicks.com in connection with the Website (collectively, the "Services"). Our service allows members to post textual information, photos, musical & video content owned and/or created by Artist/Band/Fans. Artist/Band members can create Band-Directª prepaid music cards, send prepaid music cards, print prepaid music cards, upload music videos and song files. All members of FizzKicks.com can communicated with other members via forum posts as well as post photos, and post videos. Any site user is allowed to purchase products from Stuff That Rocks merchandise pending you agree to the terms and conditions of Privacy Policy. By using Fizzkicks.com you agree to be bound by this Privacy Policy and the Terms and Conditions, whether or not you register as a Fan (ÒFanÓ) or Artist (ÒAristÓ). Please read this Privacy Policy carefully.

PRIVACY STATEMENT POLICY: We strive to do everything we can to protect the privacy of our members. We do not sell or exchange personally identifiable information with any third parties. From time to time, we may use member information for news announcement, contest offering, and new service offering by FizzKicks.com as well as important information relating to your account. Please refer back our Privacy Policy section of the Terms of Agreement documentation of any changes that may occur in any give period of time. If you are concerned about how your information is used, we recommend that you review this Privacy Statement Policy periodically.

Purchasing By Credit Card: In order to confidently verify your credit-card purchase, we have to ask you to present your details in a very specific way. We are committed to ensuring the security and privacy of information supplied by our customers through secure transactions. The site uses a secure server that encrypts all your credit-card information to ensure that no one else can view the details. The security of the connection will be confirmed by the presence of the padlock icon in the lower right hand corner of your browser. Visitors to our website can register to purchase subscription services and good located in our Stuff That Rocks section. When you register, we will request some personal information such as name, address, email, telephone number, address, shipping address, billing address and other relevant information. If you are purchasing a service, we will request financial information. Any financial information we collect is used only to bill you for the services you purchased. If you purchase by credit card, this information will be varified to your credit card provider for approval process of transaction. For other types of registrations, we will ask for the relevant information. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.

Security. The security of your personal information is important to us. When you enter sensitive information such as a credit card number on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Member accounts are secured by memberÕs creating their own passwords. We take measures to insure that member account information is kept private. We use reasonable means and measures to protect member information that is stored within our database, and we restrict access to member information to those employees that need access information to perform their job functions, such as our customer service and technical support employees. Although FizzKicks.com does it very best to secure information, we cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, viruses, hackers, network failure, damage to servers, and other factors may compromise the security of member information at any time.

Participating Merchant Policies: Related services and offerings with links from this website, including vendor sites, advertisers, and affiliate sites have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Online merchants and others who participate in FizzKicks.com services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy. However, since we do not have direct control over the policies or practices of participating merchants and other third parties, we are not responsible for the privacy practices or contents of those sites. We recommend and encourage that you always review the privacy policies of merchants and other third parties before you provide any personal information or complete any transaction with such parties.

Information We Collect and How We Use It: FizzKicks.com collects certain information from and about its users three ways: directly from our Web Server logs, the user, and with Cookies. When you visit our Website, we may track information to administer the site and analyze its usage. Fizzkicks.com use analytic and reporting technologies to record Non-Personal Information such as Internet domain and host names, Internet protocol (IP) addresses, browser software and operating system types, click stream patterns, and the dates and times that band and fan website profile pages and the FizzKicks.com Services are accessed. Information we may track include:

¥ Your Internet protocol address. ¥ The kind of browser or computer you use. ¥ Number of links you click within the site. ¥ State or country from which you accessed the site. ¥ Date and time of your visit. ¥ Name of your Internet service provider. ¥ Web page you linked to our site from. ¥ Pages you viewed on the site.

Use of Cookies: FizzKicks.com may use cookies to personalize or enhance your user experience. A cookie is a small text file that is placed on your hard disk by our web server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web Server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within our site, a cookie helps FizzKicks.com to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality. FizzKicks.com reserves the right to share aggregated site statistics with partner companies, but does not allow other companies to place cookies on our website unless there is a temporary, overriding customer value (such as merging into FizzKicks.com a site that relies on third-party cookies). You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our Website.

Personal Information: We use Personal Information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving the FizzKicks.com Services and the Web Site, fulfilling requests for information, servicing and shipping the products that you order, and providing customer support. For example, if you create a Member Account, we will use the information that you provide to communicate with you about your account status, changes, updates and any other notifications. Similarly, if you sign up to receive a FizzKicks.com newsletter, we will use the email address you provide to send you the newsletters.

Non-Personal Information: We use non-personal information to track your use of your profile website and FizzKicks.com Services and for other internal purposes, particularly providing, maintaining, evaluating, and improving the FizzKicks.com overall.

Disclosing Information to Third Parties Successors: We may disclose your Personal Information to any successor-in-interest of ours, such as a company that acquires us. In the event FizzKicks.com goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email or by a notice on our Web Site of any such change in ownership or control of your personal information.

Disclosing to Unaffiliated Third Parties: We may disclose your Personal Information to prevent an emergency, to protect or enforce our rights, to protect or enforce the rights of a third party, or as required or permitted by law (including, without limitation, to comply with a subpoena or court order).

Disclosing to Third-Party Service Providers: We may contract with various third parties who help us provide and maintain FizzKicks.com Services as well as marketing service, publications, and contest. We will use commercially reasonable efforts to prevent such third parties from disclosing your Personal Information, except for the purpose of providing the services in question. We cannot guarantee that such third parties will not disclose your Personal Information. For example, Fizzkicks.com or one of our web advertising may deliver advertising banner ads and / or campaigns to increase the effectiveness of the ad delivered to you. Anyone of our advertising service companies may set cookies to increase effectiveness of a specific target marketing ad based on your personal tastes. These cookies would allow the ad server to recognize your computer each time you log on to our site. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This privacy statement covers the use of cookies by FizzKicks.com and does not cover the use of cookies by any advertisers or third party to Fizzkicks.com.

Disclosure Policy of Bands: If you purchase a song from a band, FizzKicks.com may provide your name, and email to that band transmitted through the bands personal profile website located on Fizzkicks.com. In the General Terms Agreement, FizzKicks.com contractually obligates each Band Member Accounts not to use or disclose this information for any purposes other than internal record keeping, track downloads, and for marketing their shows, and songs, only if you have opted in to receive marketing material directly from the Band or have received a prepaid music card. We cannot guarantee all Bands Account Members on FizzKicks.com will comply with this obligation. If Artist/Band members do not comply there will be in violation of The Agreement of Terms governing their subscription membership.

Disclosure of Non-Personal Information: FizzKicks.com will disclose Non-Personal Information, in aggregate form, to potential strategic partners, advertisers, investors, customers, and others. You may not "opt out" of the sharing of this information. However, it cannot be easily used to identify you personally.

Protecting Personal Information: Whenever FizzKicks.com obtain your Personal Information, we use commercially reasonable efforts to protect it from unauthorized access or disclosure. However, we are not insurers of the security of your Personal Information. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control.

Privacy Policy Associated With Third Party Web Sites: You may be able to access third-party web sites directly from FizzKicks.com. This Privacy Policy and General Terms of Agreement does not apply when you access such web sites. We cannot control how third parties may use Personal Information you disclose to them, so you should carefully review the privacy policy of any third-party web site you visit before using it or disclosing your Personal Information to its provider.

Children's Privacy: Children must be at least Thirteen (13) years old to become a member of Fizzkicks.com. FizzKicks.com is not intended for users under the age 13. We will delete any information in our database that we know originates from a child under the age of 13. Fizzkicks.com is not obligated to monitor site for underage viewers, visitors or members. By using our site, you are responsible for, and to release, indemnify and hold FizzKicks.com, and its officers, directors, employees, agents, licensors, and suppliers, harmless from any false birth dates entered into from any sign-up form on Fizzkicks.com. FIzzkicks.com is not directed to children under the age of 13. We operate in compliance with the Children's Online Privacy Protection Act of 1998, and do not permit registration by, and will not knowingly collect or use personally identifiable information from, anyone under 13 years of age. This requirement is clearly posted during the registration process.

Using Fizzkicks.com Between The Age of Thirteen to Seventeen: FizzKick.com visitors and members between the ages of 13 and 17 can only use the FizzKicks.com services under their parents' or legal guardian's supervision. If you are between the ages of 13 and 17, you, your parent, or your legal guardian may request that we delete any of your profile page, band page and comments in our database and/or opt-out from receiving communications from us.

CHANGES IN OUR PRIVACY POLICY

From time to time Fizzkicks.com may make changes to our Privacy Policy. If we make changes, we will post them on our site to make members aware of what the changes are so Users will always be aware of what information we collect, how we use it, and when we may disclose it. A User is bound by any minor changes to the Privacy Policy when she or he uses the site after those changes have been posted If, however, we are going to use bandsÕ or fans' personally identifiable information in a manner materially different from that stated at the time of collection we will notify by posting a notice on Fizzkicks.com for 30 days.

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