Privacy Policy

Privacy and Terms Stuff

Privacy Policy Terms and Conditions

Shelbyshack.com cares about your privacy and the security of your information. We want you to understand how we handle your information. We also want you to know your rights and choices. This Privacy Policy describes how we handle your information when you use the website Shelbyshack.com (the “Site”), our pages or ads on social media networks (“Social Media Pages”), HTML-formatted email message that we send to you (“Emails”), our offline contacts and any other services where we gather information from you and also refer you to this Privacy Policy (“Other Services”) (collectively referenced in this Privacy Policy as the “Services”).

Table of contents
How Are Changes to This Privacy Policy Communicated?
What Information Do We Gather About You?
What Do We Do With The Information We Gather?
With Whom Do We Share The Information We Gather?
What About Sensitive Personal Information?
How Do You Protect My Information?
What Are Your Rights?
How Long Do You Retain Data?
What About Links To Third Party Services?
Are There Guidelines For Children?
How Is Information Transferred Internationally?
What Is Our Legal Basis?
How Can You Contact Us? Who Is the Controller of Your Personal Information?

1. How Are Changes to This Privacy Policy Communicated?
We periodically update this Privacy Policy. We will post any changes on this page by updating this policy.

If we make a significant or material change in the way we collect, use or share your personal information, we will notify you at least 30 days prior to the changes taking effect. We will do this via email or prominent notice within the Services. If you object to any change, you can stop using the Services.

After we post any changes on this page, your continued use of the Services is subject to the updated Privacy Policy.

2. What Information Do We Gather About You?
The information we collect depends on the context. By and large, it is information about you that can personally identify you—either on its own or when combined with other information.

The following describes the information we collect and how we obtain it.

Information collected through the Services.

i. Information You Voluntarily Give Us

When you sign up to receive our emails, newsletters or other communications, we collect your email address;
When you choose to participate in contests, sweepstakes or other promotions offered via the Services, you give us your name, email, and any other information required;
When you contact our customer service, or request any other assistance, we collect information from you;
When you choose to post content that other users can read (e.g., comments on our blog), anyone can read, collect, and use any personal information that accompanies your posts. Read “User Submissions” in our Terms of Use for more information. We do not have to publish any of your content. If the law requires us to take down, remove, or edit your personal information, we will comply to the required extent;
When you choose to take a survey, whether online or offline, or participate in an in-person reader interview, we gather information about you.
If you disclose any personal information relating to other people to us or to our service providers (see below for the definition of “service provider”) in connection with the Services, you represent that you have the consent from all those contacts to do so and to permit us to use the information in accordance with this Privacy Policy. This functionality is only meant for U.S. residents. By using it, you acknowledge and agree that both you and your contacts are based in the United States and that you have everyone’s consent for us to use their contact information.


ii. Information Collected Automatically.

Through Tracking Technologies in Your Browser or Device:
Like many services, our Services use tracking technologies. These technologies include cookies, web beacons, tags and scripts, software development kits (or SDKs) and beyond. They help us monitor traffic, improve the Services and make it easier and relevant for your use.

We track and store data about how you visit and use the Services, particularly through our Site. The items we log include:

Your Media Access Control (MAC) address
Your computer type (Windows or Mac)
Your screen resolution
Your IP address
Your location
Your operating system name and version
Your device manufacturer and model
Your browser provider and version
Your browser language
Your internet service provider name
The URLs of any pages you visit on our Site
Device identifiers
Advertising identifiers
Additional “traffic data” such as time of access, anonymous visitor ID, traffic channel, traffic source, traffic medium, campaign name, date of access, session identification number, access times, and referring website addresses;
Search terms and results;
Other usage information.
We combine this data with other information we collect about you. For more information about tracking technologies on the Services, and how to manage them, read our Cookie Policy.

If your computer doesn’t accept our tracking technologies, you cannot access certain parts of our Services (e.g. comments). Because the “Do Not Track” browser-based standard signal has yet to gain widespread acceptance, we don’t currently respond to those signals.

B. Information collected from other sources.

i. Social media platforms and other third-party services:
(Social media platforms include Facebook. Third-party services include MailChimp)

We receive information from you when you interact with our pages, emails, groups, accounts or posts on social media platforms. This includes aggregate data on our followers (e.g., age, gender and location), engagement data (e.g., “like,” comments, shares, reposts, and clicks), awareness data (e.g, number of impressions and reach) and individual users’ public profiles.

A note about future updates:

We are always improving our products and services, and we create new features regularly. These updates sometimes require us to collect new information, or use what we already have differently. If there is a significant or material change in the way we handle your personal information, we will notify you as detailed above.

3. What Do We Do With The Information We Gather?
A. We Provide the Services.

We use your information to help you use and navigate the Services, such as:

Making the Services available to you
Sending service-related communication (e.g., changes to our policies)
Providing customer service
Send you newsletters and emails
Letting you take part in contests, sweepstakes, promotions, surveys and comments
Optimize or improve our products, services and operations
Arrange access to and communicate with you about your account
Respond to your inquiries, requests, suggestions or complaints
Send you information about features and enhancements of the Services

B. We Personalize Your Experience.

We perform statistical and marketing analyses of users of the Services. We highlight articles you might be interested in. We also show you promotions, products or services we believe you’ll find interesting based on usage data.

C. We Allow You to Share User-Generated Content.

Any information you disclose in your content becomes public – along with your chosen screen name and uploaded photo.

D. We Develop Products and Services, and Do Analysis.

We analyze data on our users’ purchase and usage behaviors, this helps us make business and marketing decisions.

For example, our analysis lets us predict preferences for our products and services. It helps us determine whether our marketing is successful. It also shows us characteristics about our users, which we sometimes share in aggregate with advertisers.

Google Analytics is one of the analytics providers we use. You can find out how Google Analytics uses data and how to opt out of Google Analytics.

E. We Carry Out Administrative Tasks.

For auditing: We verify that our internal processes work as intended, and comply with legal, regulatory and contractual requirements.
For fraud and security monitoring: We detect and prevent cyberattacks or unauthorized robot activities.
For customer satisfaction: We assess users’ satisfaction with the Services and our customer care team.
The above activities can involve outside companies, agents or contractors (“service providers”) with whom we share your personal information for these purposes (discussed further below).

F. We offer sweepstakes, contests and other promotions.

You can take part in our sweepstakes, contests, and other promotions. Some might have additional rules about how we use and disclose your personal information.

G. We allow for personalized advertising on the Services.

We gather data and work with third parties to provide you with advertising, including personalized ads. This data comes from ad tracking technologies (e.g., cookies), data collected as you use the Services (e.g., your reading history), data from advertisers or advertising vendors (e.g., demographic data) and anything inferred from any of this information based on your activity on the Services or activity on third-party sites and applications.

Additional notes:
For more about targeted advertising, and how to opt out with your specific browser and device, go to the DDA Webchoices Browser Check and NAI Opt Out of Interest-Based Advertising. You can download the AppChoices app to opt out in mobile apps. You can also follow the instructions in the “What Are Your Rights?” section below.
We try to limit how our third-party advertising technology vendors use the information they gather from you. Many of these providers require us to enter into contracts that allow them to optimize their own services and products, or that help them create their own.
Essentially, these providers combine any information they gather about you from the Services with information they receive from their other clients. This helps them target advertisements to you on behalf of their other clients, not just us.
These third parties sometimes use other services in order to serve ads; check their privacy policies for more details. For further information on tracking technologies and your rights and choices regarding them, see our Cookie Policy. Effective January 1, 2020, California residents have the right to instruct us not to “sell” their personal information. More information is available below.
H. We advertise the Services to you.

We market our Services to you. Sometimes we use marketing vendors to do this.

We serve ads through websites, locations, platforms, and services operated and owned by third parties. Often, these ads are targeted at people who have visited the Site but have not purchased anything. Often these ads are targeted at people with similar traits or behaviors to our Services users.

We target our advertising to these users by incorporating a tracking technology from a third party onto our Services. We will also opt you out of such tracking technology if you are a California resident and you exercise your right not to have your personal information “sold” after January 1, 2020, as discussed further below.

To opt out of receiving these matched ads, contact the applicable third party. For example, when we use the “Custom Audience” to serve you our ad through Facebook, you should be able to hover over the box in the right corner of that Facebook ad and opt out. We are not responsible for any third party’s failure to comply with opt-out requests.

We periodically send you targeted email newsletters or promotional emails. For information on opting out of these emails, see “What Are Your Rights?”

I. We aggregate (or de-identify) personal information into larger findings.

Sometimes we aggregate or de-identify information so that it will no longer identify you, under applicable laws. This helps us better understand and represent our users, such as when we measure ad performance statistics or compile survey results. We can use and disclose this aggregated or de-identified information for any purpose, unless an applicable law says otherwise.

4. With Whom Do We Share The Information We Gather?
We will only share your information collected via the Services to other companies as described in this Privacy Policy. See a list of our affiliates.
With Service Providers. We share information collected from you with service providers, as defined above, to provide support services or perform functions on our behalf, such as marketing, analytics, and customer service. We sometimes allow them to use aggregated or de-identified information for other purposes, in accordance with applicable law.
With Other Third Parties. There are situations when we share your information with third parties beyond our service providers. We never share your email address with these third parties without your consent, except in encrypted form to engage in the matched ads process described above.
We share information about participants in our sweepstakes, contests and similar promotions on the Services with the promotions’ sponsors. In those cases, we notify you provide us the information.
We can preserve or share personal information if the law requires us to do so. We can also preserve or share personal information if we believe it would be necessary to:
Comply with the law or with legal process;
Protect and defend our rights and property;
Protect against misuse or unauthorized use of the Services;
Protect the safety or property of our users or the general public (e.g., if you provide false information or attempt to pose as someone else, we could share your information to help investigations into your actions); and
Cooperate with government authorities, which could be outside your country of residence.
In the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), we would have a legitimate interest in disclosing or transferring your information to a third party – such as an acquiring entity and its advisors.
We share information with third parties to help us determine how people use parts of the Services so we can improve our Services and develop new product offerings.

5. What About Sensitive Personal Information?
We generally do not want to gather any sensitive information about you. This includes:

Your social security number
Your racial or ethnic origin
Your political opinions
Your religion or other beliefs
Your health, biometrics or genetic characteristics
Any trade union membership
Any criminal background
There are rare situations when we request this information (e.g., surveys), but you can decline to answer. Outside those situations, we would prefer you never share that information with us.

6. How Do You Protect My Information?
We protect your personal information with a series of organizational, technical and physical safeguards – but we cannot guarantee its absolute security.

If you have reason to believe that your interaction with us is no longer secure, notify us immediately.

7. What Are Your Rights?
A. How Do I Opt-Out of Email?

If you do not want to receive email newsletters from us, you can unsubscribe from them by following the “unsubscribe” instructions near the bottom of the email. You can also send a request to privacy@Shelbyshack.com.

We will comply with your request(s) as quickly as we can. This opt out request, won’t prohibit us from sending you important non-marketing notices.

B. What Are Your California Shine the Light Privacy Rights?

Under the California “Shine The Light” law, California residents may opt out of our sharing their information to third parties (and sometimes affiliates) for their direct marketing purposes.

We do not share your personal information with third parties for their direct marketing purposes.

C. How You Can Access, Change, Delete, or Update Your Personal Information or Exercise Your Right to Know About Your Personal Information Collected, Disclosed, or Sold?

In some parts of the world, you have the right to:

Access, modify, or delete the personal information we have about you.
Receive an electronic copy of the personal information we have about you, for data portability.
Restrict, or object to, how we process personal information about you.
Not to receive discriminatory treatment by us for the exercise of your privacy rights.
If you’d like to exercise any of the above rights, contact us via email privacy@Shelbyshack.com. In your request, please be specific. State the information you want changed, whether you’d like your information suppressed from our database or whether there are limitations you’d like us to put on how we use your personal information. Please use the email address linked to that personal information – we only complete requests on the information linked to your email address. This is how we verify your identity before complying. To verify your identity, we will email the email address you provide us, and which matches our records, and wait for your response. In some instances we may also ask for additional information. This is how we verify your identity before complying.

You can designate an authorized agent to make a request on your behalf. In order to do that, please provide us a notarized power of attorney.

We will respond to your request consistent with applicable law.

We might need to keep certain information for recordkeeping purposes, or to complete a transaction you began prior to requesting a change or deletion (e.g., when you enter a promotion, you may not be able to change or delete the personal information provided until after the completion of such promotion).

In some cases, your request doesn’t ensure complete removal of the content or information (e.g., if another user has reposted your content).

If you’d like, you can lodge a complaint with a data protection authority. A list of EU data protection authorities is available.

D. What Are My California “Do Not Sell My Personal Information” Rights?

If you’re a California resident, you can request that we stop sharing your personal information with third parties who are not our service providers (in accordance with the California Consumer Privacy Act). Follow this link, email us at privacy@Shelbyshack.com with the subject line “California Residents – Do Not Sell” with the subject line “California Resident – Do Not Sell.”

8. How Long Do You Retain Data?
It depends. We store your personal information for as long as needed, or permitted, based on the reason why we obtained it (consistent with applicable law).

When deciding how long to keep your information, we consider:
How long we’ve had a relationship with you, or provided the Services to you.
Whether we are subject to any legal obligation (e.g., any laws that require us to keep transaction records for a certain period of time before we can delete them).
Whether we have taken any legal positions (e.g., in connection with any statutes of limitations).

Rather than delete your data, we might de-identify it by removing identifying details.

9. What About Links To Third Party Services?
This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.

In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Disqus, Facebook, Twitter, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any personal information you disclose to other organizations through or in connection with our Social Media Pages.

10. Are There Guidelines For Children?
The Services are intended for a general audience, and are not directed to children under (13) years of age.

We do not knowingly gather personal information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) in a manner not permitted by COPPA. If you are a parent or guardian and you believe we have collected information from your child in a manner not permitted by law, contact us privacy@Shelbyshack.com. We will remove the data to the extent required by applicable law.

In California, we do not knowingly “sell” the personal information of minors under 16 years old (to understand what “sell” means).

11. How Is Information Transferred Internationally?
Shelbyshack.com is headquartered in the United States. If you are located outside the United States, your information is collected in your country and then transferred to the United States – or to another country in which we (or our affiliates or service providers) operate.

If we transfer your data out of the European Economic Area (EEA), we implement at least one of the three following safeguards:

We transfer your information to countries that have been recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries).
We use a service provider in the United States that is Privacy-Shield certified.
We take steps to ensure that the recipient is bound by EU Standard Contractual Clauses, to protect your personal data. You can see a copy of these clauses.
In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information.

12. What Is Our Legal Basis?
In some jurisdictions, like the European Union and the European Economic Area, we only collect, use or share information about you when we have a valid reason. This is called “lawful basis.” Specifically, this is one or more of the following:

The consent you provide to us at the point of collection of your personal information
The performance of the contract we have with you
The compliance of a legal obligation to which we are subject or
The legitimate interests of Shelbyshack.com, a third party or yourself. “Legitimate interest” is a technical term under international laws, including the European Union General Data Protection Regulation. It means that there are good reasons for the processing of your personal information and that we take measures to minimize the impact on your privacy rights and interests. “Legitimate interest” also refers to our use of your data in ways you would reasonably expect and that have a minimal privacy impact.
We have a legitimate interest in gathering and processing personal information, for example: (1) to ensure that our networks and information are secure; (2) to administer and generally conduct business within Shelbyshack.com; (3) to prevent fraud; and (4) to conduct our marketing activities.

13. How Can You Contact Us? Who Is the Controller of Your Personal Information?
If you have any questions, email us at privacy@Shelbyshack.com or write us at:

Attn.: Privacy Department
Shelbyshack.com
105 Rutgers Ave, #569
Swarthmore, PA 19081
Shelbyshack.com is referred to in this Privacy Policy as “Shelbyshack.com,” “we” or “our.”

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEBSITE. The operator of this website, shelbyshack.com (“shelbyshack.com,” “we,” “our” or “us”) offers access to the website shelbyshack.com (the “Site”) conditioned on your acceptance without modification of the terms, conditions and notices contained herein (collectively, “Terms”).

For information on how shelbyshack.com collects, uses and shares any personal information, please see the Privacy Policy displayed on the Site. If you reside outside of the European Economic Area, your acceptance of these Terms constitutes your consent to the processing activities described in the Privacy Policy under the laws of your jurisdiction.

In addition, particular features, applications and activities offered as part of the Site may also be subject to additional terms specified in connection with such features, applications and activities, all of which are incorporated herein by reference.

BY ACCESSING OR USING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

PLEASE NOTE THAT THESE TERMS REQUIRE THAT DISPUTES BE RESOLVED ONLY IN A FORUM IN DELWARE COUNTY, PENNSYLVANIA, USA. Please review the Applicable Laws and Disputes section of these Terms for complete details.

Table of Contents
Modification of These Terms
Eligibility
Personal Use of Site
User Submissions
Liability Disclaimer for Editorial Content
Disclaimer
Limitation of Liability
Indemnification
Applicable Law and Disputes
Intellectual Property
Notices of Procedures for Making Claims of Copyright Infringement
Account Registration and Security
Code of Conduct
Third-Party Sites
Contact Us

MODIFICATION OF THESE TERMS

From time to time, we may change these Terms. When we do, the “Last Updated” line above will be revised. You are responsible for regularly reviewing these Terms. Your continued use of the Site following the posting of changes to the Terms indicates your acceptance of those changes. Unless we provide you with specific notice, no changes to the Terms will apply retroactively.

ELIGIBILITY

The Site is not intended for use by people who are younger than age 13. Do not use the Site if you are under 13.

PERSONAL USE OF SITE

The Site is for your personal, non-commercial use only. You shall not sell or commercially exploit in any manner the Site, access to the Site or any of the content that is featured or displayed on the Site (“Content”). You shall not modify, distribute, transmit, display, perform, reproduce, publish, create derivative works from or transfer any of the Content without our express written permission. You acknowledge that any unauthorized use of any Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity.

We may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason, including in the event that you violate these Terms, we are unable to verify or authenticate any information you provide to us or we believe that your actions may cause losses to, or legal liability for, you, other users of the Site or us.

You shall not use any robot, spider, scraper or other automated means to access the Site or any website provided as part of the Site for any purpose without our express written permission. You shall not (a) take any action that imposes, or may impose, in our sole discretion an unreasonable or disproportionately large load on our infrastructure, (b) interfere or attempt to interfere with the proper working of any of the Site or (c) bypass any measures we may use to prevent or restrict access to the Site.

USER SUBMISSIONS

Any comment, material, information or other communication that you post, upload or submit to the Site or that is displayed on the Site at your direction (each a “Communication”) will be considered non-confidential and non-proprietary, and we will be under no obligation to maintain the confidentiality of any Communication.

You are responsible for your Communications. You shall ensure that your Communications do not infringe any copyright or trademark, do not defame or constitute trade libel with respect to any person, entity, product or service, or violate any other rights of any other of another person or entity. You shall be solely liable for any claims, damages or other liabilities resulting from your use of the Site or your uploading, posting, or submission of any Communication or the content of any of your Communications.

Any opinions, advice, statements or other information contained in Communications are those of the author and not of us. We do not endorse or guarantee the accuracy, completeness or usefulness of any Communication. Please do your best to ensure that your own Communications are accurate.

By posting, uploading or otherwise submitting any Communication, you grant to us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sublicensable right to use, reproduce, modify, adapt, publish, sell, translate, create derivative works from, archive, aggregate, distribute, transmit, perform and display such Communication and your name, likeness, voice, statements and endorsements as incorporated therein, in whole or in part, in any manner and in any media, format or technology, whether now or later known or developed, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unlimited right to sublicense such rights, in perpetuity throughout the universe, without any further notice or payment to or permission from you.

We may, but are not obligated to, monitor or review Communications. We are not in any manner responsible for the content of Communications. By providing you with the ability to view and distribute user-generated and/or user-submitted content on the Site, we are not undertaking any obligation or liability relating to any such content, including without limitation any liability arising under the laws relating to copyrights, trademarks, defamation, privacy or obscenity or any other applicable law. However, we reserve the right to block or remove any Communication, including without limitation any Communication that in our sole discretion we determine violates the Code of Conduct.

LIABILITY DISCLAIMER FOR EDITORIAL CONTENT

The Site contains reviews, opinions and information regarding products and services manufactured or provided by third parties. We are not responsible in any way for such products and services, and nothing contained on the Site should be construed as a guarantee of the functionality, utility, safety or reliability of any product or services reviewed or discussed on the Site. Please follow the directions provided by the manufacturer or service provider when using any product or service reviewed or discussed on the Site.

Although we use reasonable efforts to ensure that the Content we prepare is accurate and informative, we cannot guarantee the accuracy or completeness of the Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in such Content, any loss or damage of any kind incurred as a result of your reliance on such Content or the use of any product or service reviewed or discussed in such Content.

The Site may from time to time include Content concerning medical or health-related products or services. However, we do not provide medical advice. The reader should consult his or her medical or health professional before adopting any suggestion contained in, drawing any inference from or taking any other action in reliance on any Content that addresses medical or health issues. Please be sure to follow the manufacturer’s directions and comply with the advice of your medical or health professional when using any medical or health-related device or medication or undertaking any health-related activities or program. We are not responsible for any adverse consequences of any medical or health decision or the use of any medical or health-related product or service.

DISCLAIMER

We make no warranties or representations about the accuracy or completeness of any Content or any Communication.

ALL OF THE CONTENT, COMMUNICATIONS, INFORMATION AND FUNCTIONALITY CONTAINED IN AND/OR PROVIDED VIA THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT OR COMMUNICATIONS IN THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IF THEY ARE NOT PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SITE, PRODUCTS, FUNCTIONALITY AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and/or your use of the Site.

APPLICABLE LAW AND DISPUTES

These Terms will be governed by and interpreted in all respects in accordance with the substantive laws of the State of Pennsylvania, without regard to its choice of law provisions. Except as specified herein, any disputes directly or indirectly arising out of or relating to the Terms or the Site will be resolved exclusively in the state or federal courts located in Delaware County, Pennsylvania. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. Any and all disputes directly or indirectly arising out of or relating to the Terms or the Site will be resolved individually, without resort to any form of class action. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorneys’ fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.

Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms or the Site must be commenced within one (1) year after the claim or cause of action arises.

Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties hereunder to any party at any time.

We make no representation that the contents of the Site are appropriate or available for use in locations outside of United States of America. Access to the Site from territories where their content is illegal is prohibited. Those who choose to access the Site from locations outside of the United States of America do so on their own initiative and risk and are responsible for compliance with applicable local laws. You may not use or export any Content in violation of U.S. export laws and regulations.

INTELLECTUAL PROPERTY

The Site is our property. The Site may include content owned by others that is licensed to us. ALL RIGHTS RESERVED.

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement (“Notices”) should be sent to our designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

We respect the intellectual property of others, and we ask our users and visitors to do the same. We will process and investigate Notices and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of a Notice complying with the DMCA, we will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information. Please be advised that to be effective, the Notice must include ALL of the following:

a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:

By mail:

shelbyshack.com
105 Rutgers Ave, #569
Swarthmore, PA 19081
Attention: General Counsel

By email: media@shelbyshack.com – (Please include “Notice of Infringement” in the subject line.)

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

ACCOUNT REGISTRATION AND SECURITY

You may be required to create an account to have access to particular features or components of the Site (such as email alerts, personalized content, ability to save content, etc.). If you create an account, you shall (a) provide true, accurate, current and complete information about yourself (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and/or restrict or prohibit your use of the Site or any portion thereof. You are responsible for the security and confidentiality of your password and account and for any and all activities that occur under your account. You shall not share your account information or your user name and password with any third party or permit any third party to log onto the Site using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. You shall not create multiple accounts for your own use or open an account for anyone else.

CODE OF CONDUCT

You shall not, and shall not authorize or facilitate any attempt by another person or entity to:

Post, transmit, or cause to be exhibited or displayed on or using the Site any Communication that is harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, in whole or in part, or that interferes with anyone’s use or enjoyment of the Site, as determined by us in our sole discretion;
Post, transmit, or cause to be exhibited or displayed on or using the Site any Communication that infringes another person or entity’s copyright, trademark, right of publicity or other personal or proprietary right or violates any applicable law;
Impersonate another person or entity;
Solicit personally identifiable information from any person;
Engage in disruptive activity such as posting Communications that are unrelated to a forum’s designated topic or theme; or
Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about users of the Site.

THIRD-PARTY SITES

The Site may contain links to other sites on the Internet, all of which have their own privacy and data collection practices. Links to sites are provided only for your convenience and you access such sites at your own risk. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted material displayed on or accessible through such sites.
shelbyshack.com
105 Rutgers Ave, #569
Swarthmore, PA 19081
shelbyshack.com is referred to in this Terms of Use as “shelbyshack.com,” “we” or “our.”

 

This Cookie Policy explains how cookies and similar technologies (collectively, “Cookie(s)”) are used when you visit our website shelbyshack.com, open our emails or access other applications owned and operated by shelbyshack.com (the “Company”) as well as any other services that display this Cookie Policy (each, a “Site”). This policy explains what these technologies are and why they are used, as well as your right to control their use.

We may change this Cookie Policy at any time. Please take a look at the “LAST REVISED” date at the top of this page to see when this Cookie Policy was last revised. Any change in this Cookie Policy will become effective when we make the revised Cookie Policy available on or through the Site.

If you have any question, please contact us by email at privacy@shelbyshack.com, or write to us at the following address: shelbyshack.com, 105 Rutgers Ave, #569, Swarthmore, PA 19081, Attn: Privacy

WHAT IS A COOKIE?

A cookie is a small text file (often including a unique identifier), that is sent to a user’s browser from a website’s computers and stored on a user’s computer’s hard drive or on a tablet or mobile device (collectively, “Computer”). A Cookie stores a small amount of data on your Computer about your visit to the Site.

We may also use “web beacons” (also known as “clear GIFs” or “pixel tags”) or similar technologies on our Site to enable us to know whether you have visited a web page or received a message. A web beacon is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an email or other type of message, which is retrieved from a remote website on the internet enabling the verification of an individual’s viewing or receipt of a web page or message. A web beacon helps us to understand whether you came to our website from an online advertisement displayed on a third-party website, measure successes of email marketing campaigns and improve our website performance. They may also enable us to relate your viewing or receipt of a web page or message to other information about you, including your personal information. In many instances, web beacons rely on cookies to function properly, and so declining cookies will impair their functioning.

We place and access Cookies on your Computer; these Cookies are known as “first-party Cookies.” Cookies may also be placed and accessed by some of our third-party vendors, which are known as “third-party Cookies” and are described below. Some Cookies are “session Cookies,” which means that they are temporary Cookies that are only stored on your device while you are visiting our Site. Other Cookies are “persistent Cookies,” which means that they are stored on your device for a period of time after you leave our Site.

You can choose whether to accept Cookies by changing the settings on your browser. However, if you disable this function (or keep this function disabled, as set by default by certain browsers), your experience on the Site may be diminished and some features may not work as intended.

WHAT COOKIES DO WE USE?

Below we list the different types of Cookies that are used on the Site that you are visiting.
To the extent any personal information is collected through first-party Cookies, our Privacy Policy applies and complements this Cookie Policy. Personal information collected through a third-party Cookie is subject to the privacy policy of that third party, and not our Privacy Policy.

Essential Cookies. Essential Cookies enable you to navigate the Site and to use its services and features. Without these necessary Cookies, the Site will not perform as smoothly for you as we would like it to and we may not be able to provide the Site or certain services or features.
Social Media Cookies. Social media Cookies are used to enable you to share pages and content you find interesting on our Site through third-party social networking and other websites. These Cookies may also be used for advertising purposes.
Analytics Cookies. Analytics Cookies collect information about your use of the Site, and enable us to improve the way it works. For example, Analytics Cookies show us which are the most frequently visited pages on the Site, help us record any difficulties you have with the Site, and show us whether our advertising is effective or not. Analytics Cookies allow us to see the overall patterns of usage on the Site, rather than the usage of a single person. We use information from Analytics Cookies to analyze the Site traffic, but we do not examine this information for individually identifying information.
Advertising Cookies. Advertising Cookies are set to display targeted promotions or advertisements based upon your interests on the Site or to manage our advertising. These Cookies collect information about your activities on this Site and other websites to provide you targeted advertising.
HOW DO I MANAGE COOKIES?
You may refuse or accept Cookies from the Site or any other website at any time by activating settings on your browser. Most browsers automatically accept Cookies, but you can usually modify your browser setting to decline Cookies if you prefer. If you choose to decline Cookies, you may not be able to sign in or use other interactive features of our Site that depend on Cookies. Information about the procedure to follow in order to enable or disable Cookies can be found at:

Chrome
Safari
Safari Mobile (iPhone and iPads)
Firefox
Microsoft Edge
For more information about other commonly used browsers, please refer to http://www.allaboutcookies.org/manage-cookies/index.html.

Please be aware that if Cookies are disabled, not all features of the Site may operate as intended.

Some of the network advertisers, ad agencies and other vendors we work with to serve ads on our Site, third-party websites and across the internet, or analytics providers that provide us with information regarding the use of the Site and effectiveness of ads are members of the Network Advertising Initiatives, the Digital Advertising Alliance Self-Regulatory Program for Online Behavioural Advertising and/or the European Interactive Digital Advertising Alliance. To opt out from receiving interest-based advertising from some or all of the participating companies, please visit http://www.aboutads.info/choices/ and http://www.youronlinechoices.eu. To opt out of Google Analytics follow the instructions: https://tools.google.com/dlpage/gaoptout. Please note opting out through these mechanisms does not mean you will no longer be served advertising. You will still receive other types of online advertising from participating companies and any type of advertising from non-participating companies, and the web sites you visit may still collect information for other purposes.
shelbyshack.com
105 Rutgers Ave, #569
Swarthmore, PA 19081

 

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