Collecting Personal Information occurs for various reasons, one being that We need the Personal Information for performance of a contract or requested service. Another reason for Personal Information collection may be for the collection of Our or another’s legitimate interests, so long as it does not violate an individual's data protection interests or fundamental rights and freedoms. In some cases, We may also have a legal obligation to collect the Personal Information in question. If We collect your Personal Information with your consent, you may withdraw your consent at any time as provided below. You understand and agree that We may collect, use, disclose and otherwise process the Personal Information you provide even if you are located outside the United States.
We may collect Personal Information that you submit to Us voluntarily through the Services, and via passive technologies integrated into the Services, including via third parties.. We collect this information when you register, answer survey and poll questions, enter contests,
use certain features on the Website or other methods of submitting information. The types of information you can choose to provide through the Services may include, but are not limited to:
Name, email address, and other contact information
Billing and shipping addresses, credit card number and expiration date.
We or Our third-party service providers may also gather information relating to your devices including: device model, operating system, browser type, unique device identifier, IP address, mobile phone number, mobile network carrier and location.
Other personal information you choose to provide.
The Services also passively collect certain types of Personal Information and Anonymous Information, including through third parties. We may use pixel tags, cookies, and/or other similar technologies to collect this information. We do not use any such technologies to conduct online targeted advertising. The types of information collected passively through the Services may include, without limitation:
Information relating to your devices, including: device model, operating system, browser type, unique device identifier, IP address, mobile phone number, mobile network carrier, and location (such as application installations).
Use of Information
We may use your Personal Information for the following general and business purposes:
To fulfill or respond to your inquiries
To deliver the Services
To address administrative needs and/or communications
To improve Our products and services
To contact you for internal business purposes
To provide you with newsletters, surveys, promotions, and notices on changes and upgrades to our products and services
We use Anonymous Information such as web or mobile pages you viewed, so We can analyze usage patterns so that We may improve Our products and Services, enhance the user experience, and gather broad demographic information for aggregate use. Anonymous Information is information that is not identifiable to you personally, these records exclude information, such as your name, that makes them personally identifiable to you. We may disclose Anonymous Information to third parties that promote Our products and services. We reserve the right to use and disclose anonymous information to third parties in Our discretion.
that we do so.
In some instances when you provide Personal Information for any number of reasons, We may use the Personal Information in connection with the reason for which it was provided. One example is when you contact us via email, We will use the Personal Information you provide to answer your question or resolve your problem and will respond to the email address from which the contact came.
In addition, We may share your Personal Information with third party vendors and suppliers to provide you with products and services that We offer you through the Website and to send to you in the Newsletters. You expressly consent to the sharing of your Personal Information with Our contractors and outside vendors, for the sole purpose of providing products and services to you.
We may participate in co-branding or co-promotional agreements with third parties pursuant to which We may share Personal Information with such third parties (“Partner Companies”). For example, We may advertise an email opt-in box on a Partner Companies website. Opting in through a Partner Companies website may result in Us providing your Personal Information to the partner company. We do not control the privacy practices of these partner companies.
We may offer you the chance to participate in drawings, contests, giveaways, and promotions (“Special Promotions”) through Our Website or Newsletters. By registering for a Special Promotion, you agree to the official rules that govern that Special Promotion. Special Promotions may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Special Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Special Promotion. If you choose to enter a drawing, contest, or other promotion, personally identifiable information may be disclosed to third parties or the public in connection with the administration of such Special Promotion. This may require you to meet prize fulfillment obligations, this may include appearing on a winners list.
We may use your Personal Information in order to provide third parties non-personal aggregated information about you that does not allow you to be identified or contacted and that is combined with Personal Information of other users (“Aggregate Information”). For
example, We may inform third parties regarding number of users of Our Website or number of impressions in an email newsletter. Depending on the circumstances, We may or not charge third parties for this Aggregate Information. We may not limit the third parties use of the Aggregate Information.
Under the following scenarios, We may be required to share your Personal Information:
If We respond to subpoenas, court orders or legal process, or if We need to establish or exercise Our legal rights or defend against legal claims.
If We believe it is necessary to restrict or inhibit any user from using any of Our Websites, including without limitation, by means or “hacking” or defacing any portion thereof.
Unsubscribe from Our Newsletters
Should you no longer wish to receive any of Our Newsletters to your inbox. You may click on the unsubscribe link located at the bottom of each message received, and/or contact firstname.lastname@example.org and We will immediately remove you from our distribution list.
California Privacy Rights
California “Shine The Light” – As provided by California Civil Code 1798.83, if you are a California resident, you have the right to receive (a) information identifying any third party company(ies) to whom We have disclosed your Personal Information to in the past year, and (b) a description of the categories of Personal Information disclosed. To obtain this information, please email a request to email@example.com with “Cali Privacy Rights” in the subject line.
For California residents under the age of 18 and registered users, California law (Business and Professionals Code 22581) provides that you can request the removal of content or information you posted on the App or Website. Please email this request to firstname.lastname@example.org along with a description of the posted content. Be advised, however, that applicable law may not permit Us to completely or comprehensively remove your deleted content or for other reasons as set forth in this California law.
California Consumer Privacy Act – The California Consumer Privacy Act (CCPA) gives California consumers enhanced rights with respect to their Personal Information that is collected by businesses. The CCPA provides California consumers with three rights regarding their personal information.
First, California consumers can opt out of the sale of their Personal Information.
Second, California consumers may opt out of having their Personal Information sold to other persons or parties.
California consumers can also request to know:
What specific pieces of information a business has collected about the consumer
Categories of Personal Information it has collected about the consumer
Categories of sources from which the Personal Information is collected
Categories of Personal Information that the business sold or disclosed for a business purpose about the consumer
Categories of third parties to whom the Personal Information was sold or disclosed for a business purpose and
The business or commercial purpose for collecting or selling Personal Information.
Third, California consumers can request that a business delete Personal Information about the consumer that a business has collected from the consumer.
To make a “request to know” or a “request to delete” your Personal Information, send an email to email@example.com. Please put either “request to know” or “request to delete” in the subject line of your email.
We will confirm receipt of your request and must provide the requested information or delete your Personal Information within 45 days of receipt of your request. We can request an additional 45 days if we let you know additional time is needed.
Before responding, We must verify that the person making the request is the person about whom We have collected their Personal Information. We may ask you to provide certain, limited Personal Information, such as your name and email address to verify and match your identity with Our record and systems. If you have an account, We may ask you to verify your identity through an account authentication process. This is also to protect against fraud. We will not retain this Personal Information or use it for any other purpose. Also please be advised that we need to search our records and systems only for the preceding 12 months. There may be cases where We do not have any Personal Information about you or We are not able to verify your identity for matching purposes. Deleting Personal Information may result in the closing of your account and inability to access the services. However, you can re-register at any time.
(Residents of Nevada and other states may also have similar rights to request information about or delete their Personal Information. To inquire about exercising these rights, please contact us at firstname.lastname@example.org).
Located in the United States
Real Gone Kid Media, LLC and makeitpolitical.com are located in the United States and governed by US law. If you are outside the United States when you visit the Services or engage in communication with Us via mail, email or telephone, please be aware that your Personal Information may be transferred to, stored, and processed in the United States where Our servers are located. Any information you provide to Us, or that We collect through your use of the Services will be stored, processed, and transferred within, or to, the United States. Please be aware that the United States and jurisdictions other than the one in which you are located may not provide the same level of data protection as considered adequate in your country. Note that your Personal Information may be available to the US Governments or its agencies under legal process in the United States.
Google User Data
We may use third party services to access your google user data, but only upon your verification and consent to do so. You will be notified prior to accessing your Google user data, and must authorize your account credentials before you are capable of accessing your Google user data. The Google user data will not be stored or shared by Us. The Google user data accessed by Us is limited to user contacts and are used solely to allow you to email those contacts directly from Us.
Users in the European Economic Area (EEA), United Kingdom, and Switzerland
The Legal Basis for Using EEA, UK, and Swiss Personal Information
For residents of the European Economic Area (EEA), United Kingdom, and Switzerland, We advise that your personal information will be transferred to and processed in the United States, which has data protection laws that are different than those in your country and may not be as protective. The United States has not sought or received a finding of “adequacy” from the European Union under Article 45 of the General Data Protection Regulation (“GDPR”). Our legal basis for collecting and using your Personal Information is to do so with your consent; where We need the Personal Information for performance of a contract or requested service, including to provide you with Our daily Newsletter, or where the collection and use in Our or another’s legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, We may also have a legal obligation to collect the Personal Information in question. If we collected your Personal Information with your consent, you may withdraw your consent at any time.
Our retention of your Personal Information and any subsequent communications are based on Our legitimate interest in providing you with new and potentially relevant materials based on your geography, role, or company. As always, you can elect to opt out from receiving such future communications.
To the extent that we transfer Personal Information from the EEA, UK, or Switzerland to a jurisdiction outside the EEA, UK, or Switzerland that has not been adduced by the European Commission as providing adequate data protections (such as the United States), We will ensure that such Personal Information is safeguarded through appropriate contractual terms or other approved mechanisms.
Rights for EEA, UK or Swiss Residents
In addition, if you are a resident of the EEA, UK, or Switzerland, you have the right to:
Find out if We use your Personal Information, to access your Personal Information, and receive copies of your Personal Information.
Withdraw any express consent that you have provided to the processing of your Personal Information at any time without penalty.
Access your Personal Information and have it corrected or amended if it is inaccurate or incomplete.
Obtain a transferable copy of some of your Personal Information which can be transferred to another provider when the Personal Information was processed based on your consent.
If you believe your Personal Information is inaccurate, no longer necessary for Our business purposes, or if you object to Our processing of your Personal Information, you also have the right to request that We restrict the processing of your data pending Our investigation and/or verification of your claim.
Request your Personal Information be deleted or restricted under certain circumstances. For example, if We are using your Personal Information on the basis of your consent and have no other legal basis to use such, you may request your Personal Information be deleted when you withdraw your consent.
Withdrawing your consent will not affect the lawfulness of any processing We conducted prior to your withdrawal, nor will it affect processing your Personal Information conducted in reliance on lawful processing grounds other than consent.
If We ask you to provide Personal Information to Us to comply with a legal requirement or enter into a contact, We will inform you of this and let you know whether providing Us with your Personal Information is required and if not, the consequences of not sharing your Personal Information with Us.
Similarly, if We collect and use your Personal Information in reliance on Our or a third party’s legitimate interests and those interests are not already described above, We will let you know what those legitimate interests are.
To withdraw consent or exercise these rights, please contact us via email at email@example.com.
If you are not satisfied with Our response, or believe We are processing your Personal Information in violation of the law, you have the right to lodge a complaint with the Supervisory Authority (also known as Data Protection Authority) or other appropriate governmental authority in your EEA Member State or Switzerland.
We have implemented technical, administrative and physical security measures to protect your information from unauthorized access and use as described. While we strive to protect your information, no data transmitted over the internet is 100% secure and, consequently while we strive to protect your Personal Information, we cannot guarantee or warrant the security of any information you transmit you provide, and you do so at your own risk. We cannot promise that your information will remain absolutely secure in all circumstances. We are not responsible for the circumvention of any privacy settings or security measures We may provide.
We will retain your information for the time necessary to provide a requested service, realize Our legitimate business purposes and to comply with the law. We will only retain Personal Information for the longer of the period if: (a) required by law, or (b) there is a time-bound determination business need.
The Services is not intended to be used by children under the age of 13, and We will not knowingly collect Personal Information from children under this age. We do not use an application or mechanism to determine the age of users of the website. All information provided to Us will be treated as if it was provided by an adult. If, however, We learn that a child has submitted information about himself/herself to Us, We will delete the information as soon as possible.
Google User Data
We may use third party services to access your Google user data, but only upon your verification and consent to do so. You will be notified prior to accessing your Google user data and must authorize your account credentials before you are capable of accessing your Google user data. The Google user data you use will not be stored or shared by Us. The Google user data accessed by Us is limited to user contacts and are used solely to allow you to email those contacts directly from our website to, for example, invite your contacts to sign up for the Newsletters. We do not have access to your contacts.
Links to Third-Party Websites
Our Website, Newsletters, and The Services may contain links to and from third party websites of Our business partners and various contact management services and other service providers. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for their policies. Please check their individual privacy policies before you submit Personal Information to those websites.
Cookies and Similar Technologies
We may use pixel tags, cookies, and/or other similar technologies to collect visitor information.
Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to Our website who disable cookies will be able to browse most areas of the Website, but some features may not function. You can find out more information about how to change your browser cookie settings at www.allaboutcookies.org.
You can also mail us at
Real Gone Kid Media, LLC
PO Box 1166
Bethpage, NY 11714
Terms and Conditions
Terms of Service
The following terms and conditions (the “Terms of Service” or “Agreement”) constitute an agreement between you, whether as a casual visitor or a registered user (“User”, “you”, or “your”) and Real Gone Kid Media, LLC, Makeitpolitical.com, and its affiliates, successors, and assigns (“Us,” “Our,” or “We”) regarding your use of Our website and its services. Real Gone Kid Media, LLC is the owner and operator and operator of (“Website”) and all content and features contained in the foregoing, including Our Newsletters (Services). By accessing the Website, accessing or utilizing any of the services, and/or registering with Us, you signify that you have read, understood and agree to be bound by these terms of service. Please read these terms of service completely as they affect your legal rights.
Modifications to the Terms of Service
We may make changes or modifications to the Website, Newsletters or to this Agreement (including policies or agreements) at any time and without prior notice to you, and such changes or modifications shall be effective immediately upon posting to this Website. You acknowledge that (i) We may notify you of such changes or modifications by posting them to the Website, (ii) your use of this Website after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. In addition, We may occasionally notify you of upcoming changes or modifications to this Agreement by email. We therefore recommend that you keep your account information including, but not limited to, your email address, current.
Our Website and services are available only to Users who can form legally binding contracts under applicable law. By using this Website, you represent and warrant that you are at least eighteen (18) years of age. If you are visiting this Website from a country other than the country in which Our servers are located, your communications with Us may result in the transfer of information across international boundaries. By visiting this Website and communicating electronically with Us, you consent to such transfers.
Your use of the Website and Services
By accessing and/or using the Website, you agree to comply with these community guidelines (the “Community Guidelines”) and that: Your use of the Website and Services including any content you submit, will comply with this Agreement and all applicable local, state, national, and international laws, rules, or regulations; you will not impersonate another User or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, nor will you collect or harvest (or permit anyone else to collect or harvest) any User content or any non-public or personally identifiable information about another User or entity without their express prior written consent; you will not use this Website or Services in a manner (as determined by Us in Our sole and absolute discretion) that is illegal, infringing, defamatory, harassing, or abusive, that violates the privacy or publicity rights of another User or any other third party, or that is otherwise objectionable. You will not use this Website for hate speech, hate crimes, or violence; you will not use this Website and Services to send spam or other unsolicited bulk email, for computer or network hacking or cracking, or to transmit viruses, worms, bugs, Trojan horses, or other code, files, or programs designed to, or capable of, disrupting, damaging, or limiting the functionality or security of the Website or Services; you will not copy or distribute in any medium any part of the Website or Services, except where expressly authorized by Us. You will not access Our Content or User Content (as defined below) through any technology or means other than through this Website, or as We may designate. You will not use this Website or Services for any commercial use without our express prior written consent; and you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
Sign-in Name; Password, Unique Identifiers
You may be asked to register in order to use the Website including, but not limited to, Our daily newsletter. If required to register to use one of Our Services, you must create an account, including a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you agree to provide accurate, current and complete information about yourself and to promptly update this information to maintain its accuracy. Each Sign-In Name and corresponding Password can be used by only one User. You are solely responsible for the confidentiality and use of any information you provide, as well as for any use, misuse, or communications entered through the Website using such information. You will promptly inform Us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We will not be liable for any loss or damage caused by any unauthorized use of your registration information. We have the right to delete, change, suspend, or terminate your registration, your Sign-In Name and Password, and/or this Agreement in our sole discretion at any time and for any reason, and to refuse any and all current or future use of the Website if it suspects that such information is inaccurate or incomplete.
From time to time, We may invite you to try pre-release services, products, features, or functionalities that are made available to you to use and evaluate (“Beta Products”). You may accept or decline any such Beta Products, completely up to you. An important part of this process is getting real world testing of the Beta Products before a general release. If you agree to participate in a beta trial, the following additional terms and conditions will apply: - You acknowledge that Beta Products are for evaluation purposes only and not for production use, are provided “As Is” with no warranties of any kind and may be subject to additional terms. Unless otherwise stated, any Beta Product trial period will expire upon the date that a version of the Beta Product becomes generally available or We elect to discontinue such Beta Product. We may discontinue Beta Products at any time in Our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with a Beta Product, and you use any Beta Product at your own risk. You agree that We shall be free to use, reproduce, disclose, and otherwise exploit any and all such feedback without compensation or attribution to you.
The content on the Website, the Services as well as any content in the Beta Products, including without limitation the text (such as the articles found on Our blog or in Our daily newsletter), software, scripts, source code, API, graphics, photos, sounds, music, videos, and interactive features and the trademarks, service marks and logos contained therein (“Content”), are owned by or licensed to Us in perpetuity, and are subject to copyright, trademark, and/ or patent protections in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Content is provided to you “as is”, “as available”, and “with all faults” for your information and personal non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the express prior written consent of Us. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. We reserve all rights not expressly granted in and to Our Content, Website, and the Services and this Agreement does not transfer ownership of any of these rights. If you violate any part of this Agreement, your permission to access and/or use the Content, Website, and the Services automatically terminates and you must immediately destroy any copies you have made of Content. Our trademarks, service marks, and logos (“Our Trademarks”) used and displayed on this Website, the Services or on any Beta Products are registered and unregistered trademarks or service marks of Ours. Other company, product, service names located on the Website, the Services, or and Beta Products may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and collectively with Our Trademarks, the “Trademarks”). Nothing on the Website, the Services, or any Beta Products should be construed as granting, by implication, estoppel, or otherwise any license or right to use the Trademarks, without prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by Us in writing. All goodwill generated from the use of our Trademarks inures to Our benefit. The Website, the Services, and any Beta Products have been specifically designed to present Content in a unique format and appearance. We are concerned about the integrity of Content when it is viewed in a setting created by a third-party that includes advertising or other materials that we have not authorized to be displayed with Our content. Elements of the Website, the services, and the Beta Products are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to the use of framing or mirrors. Neither you nor any third party shall make use of Content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by Us.
Our Use of User Content
Some of the features on this Website, the Services, or on any Beta Products, may allow Users to view, post, publish or share their ideas, opinions, preferences, or feedback (e.g. through a “like” or “comment” function) relating to Our news articles or current events (“”On-Site Use Content”). We may also make available interactive services through third-party websites and third-party social media platforms ("Third-Party Platforms”) pursuant to which users can post associated content ("Off-Site User Content,” together with On-Site User Content, “User Content”). Some examples include Our designated hashtags, including #makeitpolitical, and comment or posting sections on Our related pages hosted on third-party social media platforms. By posting or publishing User Content to this Website, the Services, or on any Beta Products or to Third-Party Platforms, you represent and warrant to Us that: (i) you have all the necessary rights to distribute User Content, either because you are the sole author and owner of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consent, and/or permissions to use, in writing from the copyright or other owner of the User Content; and (ii) you do not violate the rights of any third-party. You shall be solely responsible for any and all of your User Content and the consequences of, and requirements for, distributing it. We have no obligation, either express or implied, to treat your User Content as confidential, to develop or use your User Content and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Content. You acknowledge and agree that We may be working on the same or similar content, We may already know of such content from other sources, We may simply wish to develop this (or similar) content on Our own, or We may have taken or will take some other action. If you post or publish your User Content to this Website, the Services, any beta Products, or to Third-Party Platforms, you authorize Us to use the intellectual property and other proprietary rights in and to your User Content to enable the inclusion and use of the User Content in the manner contemplated by the Website, the Services, any Beta Products, the Third-Party Platforms and this Agreement. Accordingly, you hereby grant Us a worldwide, non-exclusive, royalty-free, sublicense (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Website, the Services, any Beta Products, the Third-Party Platforms, and Our business, including without limitation for any Beta Product, promoting or redistributing all or part of this Website in any media format and through and media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third-party. Our monitoring of User Content, We reserve the right, but have no obligation, to pre-screen User Content and decide whether any item of User Content is appropriate and/or complies with this Agreement. We may remove any item of User Content (if on Third-Party Platform, remove any repost or publication of such Off-Site User Content from a Third Party Platform or the Website) and/or terminate a User’s access to this Website or the Services for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Us in our sole and absolute discretion), at any time and without prior notice. If We terminate access to the Website or the Services We may in Our sole and absolute discretion, remove and destroy any data and files stored by you on Our servers. We have adopted the following general policy toward copyright infringement in accordance with Digital Millennium Copyright Act (“DCMA”). It is Our policy to (a) block access to or remove material that We believe in good faith to be copyrighted material that has been illegally copied and distributed by any of Our advertisers, affiliates. Content providers or Users; and (b) remove and discontinue service to repeat offenders. Written Notification. If you believe your content has been copied in a way that constitutes copyright infringement, please notify our Copyright Agent by emailing Us at (firstname.lastname@example.org). Please include “Copyright Infringement” in the subject line. We will respond to notices of alleged infringement regarding third party material sent pursuant to and in accordance with the DCMA, which may include Us removing or disabling access to Third-Party material claimed to be subject to infringement or other activity. All notices sent to Us regarding matters other than informing Us that a party’s copyrighted material may have been infringed as a result of third-party materials will not receive a response through this process. In order to be effective, your infringement notification must include the following: - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; -Identification of the copyright work claimed to have been infringed, or if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website - Identification of the material (i.e. the third party materials) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material; - Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; - A statement, as follows: “I have 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”; - A statement as follows: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” Counter Notification. If you believe that your work has been removed or disabled by mistake or misidentification, please notify our Copyright Agent by emailing us at (email@example.com). To be effective, a Counter Notification must be a written communication that includes substantially the following: - A physical or electronic signature of the User; - Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; - A statement, as follows: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be to be removed or disabled”; and – The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the User’s address is located, or if the User’s address is outside of the United States, for any judicial district in which We may be found, and the User will accept service of process from the person who provided notification or an agent of such person. Upon receipt of a valid Counter Notification containing the information as outlined above, the DCMA provides that the removed material will be restored or access re-enabled and We will comply with this requirement within a reasonable time (or as otherwise required by law), provided Our Copyright Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain User from engaging in infringing activity relating to the material on Our network or system, To contact our Copyright Agent by mail, please write to:
Real Gone Kid Media, LLC ATTN: Copyright Agent PO Box 1166 Bethpage, NY 11714
Links to Third-Party Websites
This Website and the Services may contain links to third-party websites that are not owned or controlled by Us. These links are provided solely as a convenience to you and do not constitute an endorsement by Us of the content on such websites nor of the business practices of those operating those websites. We have no control over and We assume no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, We do not censor or edit the content of any third-party websites. By using this Website or the Services, you expressly release Us from any and all liability arising from your use of any third-party website. Accordingly, We encourage you to be aware when you leave this Website or the Services, to review the terms and conditions, privacy policies and other governing documents of each other website that you may visit.
Fees & Payments
As We grow and develop new products and features, we may charge fees in connection with certain Services or offerings, including Beta Products (”Fees”). We will notify you of any Fees associated with such Services or offerings so that you may choose whether to purchase or subscribe to the new Services, product, feature or Beta Product. Fees and any applicable taxes will be due and payable as set forth below. We may increase the Fees by providing you with written notice of such increase. – Payment by Credit or Debit Card. In the event you choose to purchase any product or Services for which We charge a Fee, you authorize Us to charge your credit card, debit card or other payment instrument for the Fee and any applicable taxes. You further authorize Us to use a third-party to process payments and hereby consent to the disclosure of your Billing Information to such third party. – Payment Information. Once you provide Us with your Billing Information, you agree to keep your contact information, Billing Information, and credit card information (where applicable) up to date. Changes may be made on your billing page connected to the Services or Beta Products. Non-Cancelable and Non-Refundable. All Fees and applicable taxes payable under this Agreement and all payments made are non-refundable. Monthly Subscriptions. We may offer some of Our Services on a subscription basis. By subscribing to any such Services, you authorize us to charge your credit card or debit card an initial payment at time of signing up, and a monthly recurring payment which will take place on the next billing day of your billing cycle. IT IS IMPORTANT TO NOTE THAT WHEN YOU SIGN UP FOR A MONTHLY SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL IT. YOU MAY CANCEL AT ANY TIME BY FOLLOWING THE INSTRUCTIONS BELOW OR ON OUR WEBSITE, AND THE CANCELLATION WILL TAKE EFFECT AT THE EXPIRATION OF THE THEN-CURRENT TERM.
You may cancel your subscription at any time by visiting your account page and cancelling your subscription there. You are responsible for any recurring charges that take place prior to cancellation. We reserve the right to move your next billing day at any time without any further authorization from you. We may modify the fees at any time by posting such modification on Our Website, and any such modification shall go into effect thirty (30) days after it is so posted.
By subscribing to our prepaid subscription (3, 6, or 12-month plans with payment due upfront), you authorize Us to change your credit card an initial prepayment at the time of signing up. At the end of your prepaid subscription period, your subscriptions will automatically cancel, unless you inform Us that you would like to renew your subscription. Prepaid subscriptions are only refundable within the first 30 days of signing up.
You agree to indemnify and hold harmless Us, Our Affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors from and against all claims, demands, disputes, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in relation to your breach of these Terms or misuse of the Website, the Services, User Content, or any Beta Products. We reserve the right to assume the exclusive defense of any such claim for which We are entitled to indemnification under this Section. In such an event, you shall provide Us with such cooperation as is reasonably requested by Us.
Disclaimer of Warranties and Limitation of Liability
THE WEBSITE, THE SERVICES, ALL BETA PRODUCTS, AND ALL CONTENT ARE AVAILABLE “AS IS.” WE DO NOT WARRANT THAT THE WEBSITE, THE SERVICES, ANY BETA PRODUCTS, OR ANY USER CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE WEBSITE, THE SERVICES, ANY BETA PRODUCTS, OR ANY CONTENT. WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE WEBSITE, THE SERVICES, ANY BETA PRODUCTS OR ANY CONTENT OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE WEBSITE, THE SERVICES, ANY BETA PRODUCTS OR ANY CONTENT. WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SITE, THE SERVICES, ANY BETA PRODUCTS, OR ANY USER CONTENT, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE WEBSITE, THE SERVICES, ANY BETA PRODUCTS, OR ANY USER CONTENT; RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN ANY BETA PRODUCTS, THE SERVICES, THE WEBSITE, OR AVAILABLE THROUGH LINKS IN THE FOREGOING. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE WEBSITE, THE SERVICES, AND ANY BETA PRODUCTS. WE DO NOT GUARANTEE OR WARRANT THAT THE BETA PRODUCTS, THE SERVICES, THE WEBSITE, OR MATERIALS THAT MAY BE DOWNLOADED FROM THE FOREGOING DO NOT CONTAIN VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, We, Our affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors: (I) SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, THE SERVICES, ANY BETA PRODUCTS OR ANY USER CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE FOREGOING DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
Limitation of Liability in Certain States
CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS ON WARRANTIES MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Compliance with Applicable Laws
We and Our Services are based in the United States and are only available to United States residents. We make no claims concerning whether the Content may be downloaded, viewed or be appropriate for use outside of the United States. If you do process the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, in the County of Nassau, in the State of New York, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) to waive the right to trial by jury in any such action or proceeding that takes place relating to or arising out of this Agreement, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by binding arbitration governed by the Federal Arbitration Act and in accordance with the commercial arbitration rules of the Judicial Arbitration and Meditation Services (“JAMS”) then in force. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH DISPUTE IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. The arbitration hearings and all meetings pursuant to this section shall be held in Nassau County, in the State of New York. If the parties cannot agree upon a single arbitrator within twenty (20) calendar days after demand by either of them, each party shall select one arbitrator knowledgeable about internet commerce in New York, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by JAMS in New York. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in New York with knowledge of internet commerce in New York State shall be selected by JAMS to resolve the dispute. The arbitrator(s) shall conduct a hearing within sixty (60) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within ten (10) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys’ fees or arbitrators’ fees under this section.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between Us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT any controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless agreed to by Us at OUR sole discretion.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to conflict of laws principles. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. This section and the sections entitled Beta Products, Intellectual Property, Indemnity, Disclaimer of Warranties and Limitation of Liability, Binding Arbitration and Class Action Waiver shall survive the termination of this Agreement. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement contains the entire agreement of the parties concerning the subject matter, and supersedes all existing agreements and all other oral, written, or other communication between the parties concerning its subject matter.
If you have any questions about this Agreement, please contact us via email at firstname.lastname@example.org or regular mail at the following address:
Real Gone Kid Media, LLC PO Box 1166 Bethpage, NY 11714