The following Terms and Conditions (“Agreement”) sets forth the legally binding agreement between you and Peach Fuzzer, LLC, a Washington limited liability company (“Peach Fuzzer”) for your use of and access to www.peachfuzzer.com (the “Website”).
Please note that all information, images, downloads and other content provided on the Website is provided “as-is” with all faults and with no warranties of any kind, except as expressly set forth on this Website or in an applicable End User License Agreement signed by Peach Fuzzer.
Peach Fuzzer is the sole and exclusive owner of all right, title and interest to all information, images and content on this Website, including any intellectual property, copyrights, trademarks, patents, trade secrets, proprietary information or other intellectual property embodied therein. Without the prior express written permission of Peach Fuzzer it is prohibited to copy, use, misappropriate, transmit or otherwise integrate the protected contents published on this Website into other programs or other websites or to use them by any other means.
Access to and use of the Website as well as websites related or connected to this Website by links are at the user’s own risk. Peach Fuzzer bears no responsibility or liability for damage of any kind, for use of this Website and for indirect or consequential damage resulting from access to websites related or connected to this Website by links. Peach Fuzzer bears no responsibility or liability for damage of any kind for any record made by third parties into visitor and discussion forums, platforms or mailing lists issued by Peach Fuzzer. If you or an entity you are affiliated with has an active Non-Disclosure Agreement with Peach Fuzzer, you acknowledge and agree that anything you post on the Website, including any discussion or help forums, is not “Confidential Information” protected by the applicable Non-Disclosure Agreement.
Peach Fuzzer reserves the right, in its sole and exclusive discretion, to add, delete or modify the information on this Website partly or entirely without prior notice or to discontinue the publication temporarily or permanently.
Further, you are prohibited from: (a) copying, using, misappropriating, or transmitting images, text or personal information directly from the Website; (b) altering, modifying, adapting, cropping, retouching, animating or embellishing the Peach Fuzzer images, text or personal information in any way, including but not limited to changing any names, logos or other designs included therein; (c) making or manufacturing merchandise items, such as t-shirts and mugs, bearing Peach Fuzzer images that have not been previously authorized in writing by Peach Fuzzer; (d) using any Peach Fuzzer trademark for any purpose; (e) directly linking to images hosted on the Website; (f) using the Peach Fuzzer images to create pornographic, libelous, obscene or defamatory images; (g) removing or cropping out the copyright or trademark notice on Peach Fuzzer images; (h) inserting your own copyright or trademark notice on Peach Fuzzer images, or otherwise implying that the Peach Fuzzer images or Peach Fuzzer products are your images or products; (i) using or permitting the use of Peach Fuzzer images as a trademark or service mark, or claim any proprietary rights in any sort in the Peach Fuzzer images; (j) using or authorizing the use of, sale of, sharing of, or giving away of any Peach Fuzzer images, text or personal information on a third-party site, including internet auction sites such as eBay; (k) stating or implying that you are an “authorized” retailer, that Peach Fuzzer has endorsed your website or service, that there is any Peach Fuzzer product exclusive to you, that your website or service is “official” with respect to Peach Fuzzer or its brands, or that your website or service is a Peach Fuzzer site or service.
This Agreement shall be governed by the laws of the state of Washington without giving effect to any conflict of laws principles or any laws that would provide the application of the law of another jurisdiction other than Washington. You hereby irrevocably agree to submit to the jurisdiction of, and agree that venue is proper in, the King County Superior Court located in Seattle, Washington (USA) and the federal courts located in the Western District of Washington (USA) in such legal action or proceeding.
“Personal Information” is information about you that is personally identifiable to you, like your name, address, email address, or phone number, as well as other non-public information that is associated with the foregoing.
We collect Personal Information that you submit to us voluntarily through our Website, including as follows:
- When you register on the Website, we will collect your full name, email address, physical address phone number, your organization (if associated with an organization), IP address, login information (such as username and passwords) and any other information you voluntarily submit.
- When you contact us to submit comments, questions or feedback using the forms on the Website or in the Website, we will collect your name, email address and your comment, question or feedback.
- When you contact us by sending us an email, we will collect your email address and any information contained in the email you send us and any information attached to the email.
An “internet protocol address” or “IP Address” is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. We track IP Addresses solely in conjunction with session Cookies to analyze our web page flow.
“Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Website. Persistent Cookies can be removed by following internet browser help file directions. If you choose to disable Cookies, some areas of the Website may not work properly.
Use of Information
In general, Personal Information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We may also use your Personal Information to provide you with the Peach Fuzzer newsletters, surveys or promotional emails regarding changes and upgrades to our products and services and for other marketing purposes of Peach Fuzzer or our partners, should you request to receive such communications from us.
Disclosure of Personal Information
Regardless of any choices you make regarding your Personal Information (as described below), we may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Peach Fuzzer; or (b) to protect and defend the rights or property of Peach Fuzzer or users of our Services.
Your California Privacy Rights
If you are a California resident, you may request and obtain from us, once a year, free of charge, certain information about the Personal Information (if any) we disclosed to third parties for their marketing purposes in the preceding calendar year. This information would include a list of the categories of Personal Information that we shared and the names and mailing addresses of all third parties with which we shared Personal Information in the preceding calendar year. If you would like to make such a request, please submit your request to Customer Support.
Your Choices Regarding Your Personal Information
You may change any of the Personal Information in your account by editing your online profile in the Website or on the website (when that functionality is introduced) or by sending an email to us at the email address set forth below.
We do not intentionally gather Personal Information about visitors who are under the age of 13. By accessing the Website, you represent that you are over the age of 13.
Peach Fuzzer is committed to protecting the security of your Personal Information. Even though Peach Fuzzer makes efforts to ensure that your Personal Information is not intercepted, accessed, used or disclosed by unauthorized persons, you should know that Peach Fuzzer cannot fully eliminate security risks associated with Personal Information.
Peach Fuzzer, Inc.
This Policy was last updated on September 14, 2015.