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Legal/Privacy Information

Introduction

Welcome to this James Martin Design / Captivation Media Group - sponsored site (the “Site”). By using the Site you signify that you have read, understand and agree to be bound by these Terms of Use and the accompanying Privacy Policy.

We reserve the right, in our discretion, to change, modify and delete provisions of our Terms of Use and Privacy Policy at any time. If we do so, we will post the changes on this page or email you a notice, in each case indicating the effective date. Your continued use of the Site after such notice constitutes your acceptance of the modified Terms of Use or Privacy Policy.

If you do not agree to abide by these or any future Terms of Use, you are not permitted to use or access the Site. This Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site by anyone under 13 is unauthorized and in violation of these Terms of Use.

Rules of Conduct

You agree that you may only use the Site for your own personal and non-commercial purposes. You also agree that you will not do or permit to be done through your account or log-in any of the following:

  • violate or infringe the copyrights, rights of privacy or publicity, or any other rights of any person;
  • post or submit libelous, defamatory, pornographic, obscene, harassing or otherwise actionable or objectionable material;
  • post or transmit unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;
  • use automated scripts, spiders, bots or similar means to harvest or collect member information or other information from the Site; however, you may capture contact data and other information where the Site expressly permits, encourages or requires it;
  • use the Site in a manner that could damage, disable or overburden the Site or violate the law;
  • provide inaccurate or misleading information when registering as a member;
  • impersonate or misrepresent your affiliation with any person or entity; or
  • upload or transmit software viruses, worms, Trojan horses or other computer code or files designed to disable, destroy or interfere with any software or equipment.

You agree that James Martin Design / Captivation Media Group may refuse your registration or terminate your access and account for violating these Terms of Use, for any behavior that is inconsistent with James Martin Design / Captivation Media Group’s image or values, or for any other reason, entirely in its discretion.

ShortBot.com Site Content

You acknowledge that James Martin Design / Captivation Media Group and its licensors own all rights, title and interest in all content on the Site, including but not limited to the Site’s design, text, graphics and files, and their selection and arrangement (the “Content”), and you agree not to modify, copy, distribute, frame, republish, display, post, transmit, or sell the Content, except as may be expressly permitted by James Martin Design / Captivation Media Group. You may download and print reasonable portions of the Content, solely for your personal, non-commercial use, provided that you leave intact all copyright notices and identifying information appearing on the original. You may not republish Site Content on any other website or business network or incorporate the information into any database or compilation. Any use of the Content not authorized by James Martin Design / Captivation Media Group is prohibited.

All trademarks, logos, trade dress and service marks on Site are trademarks of James Martin Design / Captivation Media Group or its licensors and may not be copied, imitated, or used, in whole or in part, without written permission.

Copyright Policy

It is James Martin Design / Captivation Media Group’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the Content or materials appearing on this Site contains infringing materials or infringing property, please send a notice to us at help at ShortBot.com / SBLnk.com.

Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Links and References within Shared (ShortBotted) URLs

This Site contains links to websites operated by unrelated parties. These links are provided for your convenience and reference only. James Martin Design / Captivation Media Group does not control these sites and is not responsible for their contents. Our inclusion of these links does not imply any association with these sites or any endorsement or approval of the services, merchandise, materials or contents available from or on these sites.

This Site may also contain descriptions of or references to products, services, and firms. These references do not imply our endorsement of those products, services or entities. Under no circumstances shall any of our providers be liable for any loss or damage caused by a user’s reliance on or exposure to information obtained from or contained on the Site. Rather, you are responsible to evaluate the information, advice, and other content available through the Site, and any products, services or firms referenced here.

If you decide to leave the Site and access these third-party sites, you do so at your own risk. In particular, you should review the terms of use and privacy policies of these sites, as they may differ from ours. Again, we do not control or review the usage terms or privacy practices of linked sites.

Privacy Policy

James Martin Design / Captivation Media Group (”ShortBot.com / SBLnk.com“) takes the private nature of your personal information very seriously. This Privacy Policy (which we adapted from a policy originally provided by Automattic (WordPress.com)) describes how we treat the information we collect when you visit and use any website available from James Martin Design / Captivation Media Group and is made available under the Creative Commons Sharealike license. Please read this notice very carefully. It is James Martin Design / Captivation Media Group policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors

Like most website operators, James Martin Design / Captivation Media Group collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. James Martin Design / Captivation Media Group purpose in collecting non-personally identifying information is to better understand how James Martin Design / Captivation Media Group visitors use its website. From time to time, James Martin Design / Captivation Media Group may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

James Martin Design / Captivation Media Group also collects potentially personally-identifying information like Internet Protocol (IP) addresses. James Martin Design / Captivation Media Group does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below. Please be aware that James Martin Design / Captivation Media Group cannot be responsible for the privacy practices of other sites, including those to which we link or whose products or services we reference. We encourage you to read the terms of use and privacy statements of each Web site you visit.

Gathering of Personally-Identifying Information

Certain visitors to James Martin Design / Captivation Media Group websites choose to interact with James Martin Design / Captivation Media Group in ways that require James Martin Design / Captivation Media Group to gather personally-identifying information. The amount and type of information that James Martin Design / Captivation Media Group gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account at James Martin Design / Captivation Media Group to provide a username and email address. Those who engage in transactions with James Martin Design / Captivation Media Group are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, James Martin Design / Captivation Media Group collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with James Martin Design / Captivation Media GroupJames Martin Design / Captivation Media Group does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

James Martin Design / Captivation Media Group may collect statistics about the behavior of visitors to its websites. For instance, James Martin Design / Captivation Media Group may monitor the most popular links on the site. James Martin Design / Captivation Media Group may display this information publicly or provide it to others. However, James Martin Design / Captivation Media Group does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

James Martin Design / Captivation Media Group discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on James Martin Design / Captivation Media Group behalf or to provide services available at James Martin Design / Captivation Media Group websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using James Martin Design / Captivation Media Group websites, you consent to the transfer of such information to them. James Martin Design / Captivation Media Group will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, James Martin Design / Captivation Media Group discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when James Martin Design / Captivation Media Group believes in good faith that disclosure is reasonably necessary to protect the property or rights of James Martin Design / Captivation Media Group, third parties or the public at large. If you are a registered user of a James Martin Design / Captivation Media Group website and have supplied your email address, James Martin Design / Captivation Media Group may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with James Martin Design / Captivation Media Group and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. James Martin Design / Captivation Media Group takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information. However, if James Martin Design / Captivation Media Group or any of its products is sold to a new owner, whether by merger, stock sale, asset sale or other means, we retain the right to transfer your profile, Site Data and all other content, data and information to this new owner, provided the owner agrees to respect the Privacy Policy in effect with respect to this personal data.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. James Martin Design / Captivation Media Group uses cookies to help James Martin Design / Captivation Media Group identify and track visitors, their usage of James Martin Design / Captivation Media Group websites, and their website access preferences. James Martin Design / Captivation Media Group visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using James Martin Design / Captivation Media Group websites, with the drawback that certain features of James Martin Design / Captivation Media Group websites may not function properly without the aid of cookies.

Privacy Policy Changes

Although most changes are likely to be minor, James Martin Design / Captivation Media Group may change its Privacy Policy from time to time, and in James Martin Design / Captivation Media Group sole discretion. James Martin Design / Captivation Media Group encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

Disclaimers

James Martin Design / Captivation Media Group is not responsible for any incorrect or inaccurate Content posted on the Site regardless of the cause or source, or for the conduct, online or offline, of any member or other user of the Site. Without limiting the above, James Martin Design / Captivation Media Group assumes no responsibility for:

  • any error, omission, interruption, deletion, defect, delay, communications failure, theft or destruction or unauthorized access to, or alteration of, user or Member postings or communications;
  • the accuracy, integrity, completeness, or quality of any information, outputs or Content available from or through the Site; rather, responsibility for verification resides with the user of the information, output or Content.
  • problems with telephone lines, computer systems, third party providers, or any technical problems or traffic congestion on the Internet or any website;
  • injury or damage to users’, members’ or other persons’ computers or networks resulting from participating or downloading materials in connection with the Site;

Under no circumstances will James Martin Design / Captivation Media Group be responsible for any loss or damage incurred or resulting from anyone’s use, including your use, of the Site, any Content posted on the Site or communicated to members, or any interactions between users of the Site, online or offline. THE SITE AND CONTENT ARE PROVIDED “AS-IS” AND James Martin Design / Captivation Media Group DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states limit or prohibit the disclaimers of warranties in certain cases, so this disclaimer may not apply to you.

Limitation on Liability

IN NO EVENT WILL James Martin Design / Captivation Media Group BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS AND LOST DATA), OR FOR ANY DAMAGES IN EXCESS OF THE GREATER OR (I) $5000 OR (II) THE MEMBERSHIP FEES PAID BY YOU TO James Martin Design / Captivation Media Group, ARISING FROM YOUR USE OF THE SITE, REGARDLESS OF THE CAUSE (INCLUDING NEGLIGENCE) AND EVEN IF James Martin Design / Captivation Media Group WAS AWARE THAT SUCH DAMAGES MIGHT OCCUR. Some states limit or prohibit the limitation of liability in certain cases, so this limitation may not apply to you.

Governing Law and Venue

If there is any dispute about or involving the Site, you agree that the dispute will be governed by the laws of the State of Delaware, as they apply to residents situated within the state. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Delaware, and waive all defenses of lack of personal jurisdiction or that the forum is not convenient, except that James Martin Design / Captivation Media Group may bring suit against you in any court that has jurisdiction over your person or property. Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Indemnity

You agree to indemnify and hold James Martin Design / Captivation Media Group and its subsidiaries, affiliates, officers, agents, partners and employees harmless from any damage, liability, claim, or expense (including reasonable attorneys’ fees) arising out of or in connection with your use of the Site, your violation of these Terms of Use, or your violation of the rights of a third party or any law.

Miscellaneous

These Terms of Use, and the accompanying Privacy Policy, constitute the entire agreement between you and James Martin Design / Captivation Media Group regarding the use of the Site and supersede any prior agreements between us on the same subject. James Martin Design / Captivation Media Group failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held invalid, the remaining terms shall continue in full force and effect.