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PRIVACY POLICY & TERMS OF USE

Privacy Policy
This Website is managed and maintained by A Guy in the Pews, Inc, Inc.
6520 Shore Dr., Ocean Springs, MS 39564


We can be reached by email at webmaster@aguyinthepews.com. Please include the words "Term of Use" in the subject matter box of your email.

This contact in formation leads to a corporate entity and does not connect with Albert Allegue or persons in his employ. It should not be used to attempts to contact Mr. Allegue.

Summary
We take your online privacy seriously. You may visit this Website anonymously as often as you like without providing any personally identifying information (such as your name, address or email address). We do not collect personally identifying information from you except when you specifically provide it, and we protect the information we receive. If you ask to be added to a newsletter or other subscription list, we will use a cookie to keep track of your requests so that you can easily check and revise your subscriptions. We also use cookies to identify your browser so that we can provide the best link to this Website. When you give us personally identifying information for a specific purpose, we will use that information solely for that purpose unless we tell you otherwise and give you an opportunity to OPT IN and then, to OPT OUT, except in rare instances further described below.


The Information You Provide
As you explore this Website, you will come across places in which we ask you to provide us voluntarily with information about yourself. In most of these instances we are seeking only your email address so that we can send you the specific information that you request, such as a newsletter or online subscription or purchase. In other instances, such as a contest, we request both your email address and your name (along with your contest answer), so that we can contact you by name in the event that you win. If you choose to purchase an item that may be offered by us through our direct sales service, we will need to collect additional information for billing and shipping, such as your full name, home address and credit card information. All of these activities–the subscriptions, contests and on-line purchases–are purely voluntary; if you do not wish to reveal your name, email address or other information, you are free simply to ignore these offerings. If you decide to participate, then (subject to the final paragraph of this section) we will not use your name or email address for any purpose other than as stated, and will not sell or rent your name or address to third parties not affiliated with us. If you purchase an item that may be offered at this Website, we may share your credit card information with an independent third party service whose function is to verify the information you provide, and we will store and make available information about recent purchases made through this Website using your password.

 

At other places in this Website, we ask for your feedback, opinion or suggestions, and provide you with a link for emailing us your response. We may also ask for your zip code or city of residence to gather geographical information about the visitors to this Website. If you send your email to us, it will include your email address in the “From” line. But again, (subject to the final paragraph of this section), we promise to use the email address we receive in this manner only for the purpose of responding to your questions or suggestions, and will not approach you with unsolicited offers or provide your email address to anyone else.

 

Another area in which we ask for your name is on bulletin boards or forums–places on this Website where you can participate in a discussion of a particular subject by posting written comments which are then entirely public. We ask for a name simply so that other people reading a string of comments will be able to determine which comments come from the same person. You may, therefore, provide a nickname or alias, if you prefer, so that your identity is not disclosed. You should be aware that if you do voluntarily disclose personally identifying information (e.g. user name, email address) on the bulletin boards or forums, that information can be collected and used by others and may result in unsolicited messages from other posters or parties. If you choose to participate anonymously, you should remember that you are still legally liable for the material you post, including claims of libel, invasion of privacy and copyright infringement.

 

Finally, provided that you OPT IN, and then unless and until you OPT OUT, we may use your name and/or email address, and survey responses you have provided: for customer service purposes, to send you news about this Website and Albert Allegue's books, and to give you the opportunity to participate in offers made by us and by our business partners and advertisers, as well as the publishers of Albert Allegue's books.  We do not share your personally identifying information with a third party in the event of a transfer of ownership or assets, or bankruptcy, by our owners. However, we may disclose your personally identifying information as required or permitted by law, to protect the interests or safety of Albert Allegue, or a third party, or in an emergency situation.  We may share with third parties aggregated information that does not identify you personally and is not personally identifying information.

 

Your Access to Your Personally Identifying Information 

If you would like to know the types of information that we collect from visitors to this Website, please contact us. If you would like to know whether we have collected about you, please send us the activities that you participated in at this Website which requested personally identifying information and after reviewing the relevant databases, we will confirm whether it has collected such information about you. You may review personally identifying information about you in the our records at any time provided you first give us proof of your identity, such as by accurately stating a password. We will change any inaccuracies in the personally identifying information that pertains to you in response to a reasonable request, and/or end any direct communications with you, or even delete your personally identifying information altogether, except to the extent we are required to do otherwise under law. To convey any such request, contact webmaster@danbrown.com and please put “Privacy Policy” in the subject heading.

 

Cookies
Cookies are electronic tags that most major websites place on your computer in the process of sending your computer a file, such as a Web page. We use them in a limited fashion as well. In essence, a cookie is a unique bit of computer code that is placed on your computer the first time you visit this Website. It tells us simply when a computer that has previously visited this Website returns, allows you to pick up where you left off on a previous visit, and it identifies your computer’s browser and operating system to help us make the best connection. We also use cookies to keep track of your subscriptions at this Website. In no event does the cookie we place on your computer tell us anything about your visits to other websites or your use of the Internet in any other way.

If you would prefer not to receive any cookies, most browsers can be set to refuse cookies or to alert you when one is being sent.

 

Links to Other Sites
We may provide, or third parties may provide, at this Website links to other web sites or resources.  We have no control over such sites and resources  Such other sites do not necessarily follow our privacy policies, and may place their own cookies on your computer. This practice is standard on the Web, and we do not control cookies placed on your computer by third parties whose advertising or links appear on this Website.

 

Security of Private Information
We use reasonable administrative, technical, personnel and physical measures to safeguard personally identifying information in our possession against loss, theft and unauthorized use, disclosure or modification.  We would like to be able to tell you that the information you provide us is absolutely safe. Unfortunately, several well-publicized instances of computer security breaches make it impossible for anyone to be so confident. The most we can tell you is that we take reasonable steps to protect the information you provide us from theft, alteration or unauthorized inspection. In addition, in rare instances, we will disclose private information to necessary parties to protect this Website or other visitors, or to enforce compliance with our Terms of Use.

 

Children
This Privacy Policy applies to adults and all children who have reached their 13th birthday. At present, we do not knowingly collect personally identifying information from anyone under the age of 13. Our policy may change in the future, so please check here regularly to get our latest policy.

 

Parents and Guardians
We encourage you to get involved with your children’s online usage and to be aware of the activities in which they are participating. We also ask you to check here regularly to see what our latest policies are, particularly those relating to children.

 

You should be aware that if your children voluntarily disclose their names, email addresses or other information on bulletin boards or chat areas of websites, such disclosures may result in unsolicited messages from other parties. We suggest that you discourage your child from providing such information on this Website or elsewhere unless you are confident that the information will not be misused.

If you have any concerns regarding privacy issues, please contact us at the above email address.

 

Parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist in limiting access to material that is harmful to minors. You can find current providers of such technology by using the following internet search terms: “parental control protections.”

 

Effective Date and Changes in this Privacy Policy

The effective date of this Privacy Policy is May 11, 2013.  We will not affirmatively notify users of changes in our Privacy Policy; but we will abide by the Privacy Policy in effect at the time we collect personally identifying information from a visitor, respecting uses of that information.

Restrictions on Use
This Website is comprised of its visible and audible contents as well as related software applications, and other services and applications.  By accessing or using this Website, you agree to the terms set forth in this Terms of Use agreement as changed from time to time. Manager reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time.

Privacy Policy

 

Please review our Privacy Policy, which governs our gathering and use of information about you, located at www.danbrown.com/privacypolicy. The Privacy Policy is part of the Terms of Use and by accepting these Terms of Use, you accept our Privacy Policy.

 

Ownership of Copyright
This Website contains material that is owned or licensed by Manager.  Except when Manager gives explicit authorization, or as otherwise permitted under law, no material from this Website including computer code and software may be copied, reproduced, republished, uploaded, posted, transmitted, publicly performed, publicly displayed or distributed in any way, except for the following: provided that you retain any and all copyright, trademark and other proprietary notices, you may download material for your personal, non-commercial use.  For any other use, please contact us first for permission.

 

Your Content License to Manager

Your posting or uploading content such as messages, emails, data, answers to questions, videos, data or files or otherwise communicating with Manager through this Website, will not limit or otherwise affect what you may do with such content on your own, or what you may permit parties other than Manager to do with it.

 

When you upload content to this Website, you are granting to Manager and its affiliated persons and entities (and to third parties authorized by Manager) a non-exclusive perpetual, irrevocable, worldwide, royalty-free, and unrestricted license to sublicense, adapt, copy, host, exhibit, cache, store, publish, translate, distribute, transmit, publicly perform, publicly display, and otherwise use and re-use that content in and in connection with this Website, as well as in related advertising and promotion, by and through any and all means and media, both now known and later invented or discovered.  This right includes (without limitation) the right to compile your content with the content of others and use it, and permit others to use it, in that form.

You understand that Manager permits its viewers to copy and share content from visitors that they find on this Website, provided they abide by Manager’s rules.  Accordingly you agree that under this license, we may permit visitors to this Website to copy your content, share your content with whomever they please, and invite them to share it with whomever they please, and on and on.

You will receive no royalty or other compensation for this license or for any such licensed use.  You agree that having your content considered by, and/or used in or in connection with this Website, is adequate consideration for this license and for your agreement generally to the Terms of Use.  You waive all moral rights, ancillary rights, and similar rights in and to the content you upload.  Manager is not responsible for any unauthorized use by persons or entities other than Manager of your content.  Manager is not required to use any content you upload in or in connection with this Website.

Parental Control Protections 

Parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist in limiting access to material that is harmful to minors. You can find current providers of such technology by using the following internet search terms: “parental control protections”

 

Permission to Use Names, Images and Third Party Property

You permit Manager, its affiliated persons and entities, and third parties authorized by Manager to use your username in connection with any content you upload, and to identify its source as you.  You warrant that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorize Manager to use, distribute or otherwise exploit in all ways permitted by the Terms of Use, all copyrights, trademarks, privacy and publicity rights (including, without limitation, names, likenesses and voices) and/or other proprietary rights contained in any content that you upload.  You agree not to upload any content that is inconsistent with this warranty.  Without limitation, if any recognizable persons, or any intellectual property belonging to third parties, are included in any content you upload, you warrant that you have authority to do so and to permit Manager to make use of that content as provided in the Terms of Use.  Manager is not responsible for any unauthorized use of such names or any third party property, in your content.

 

Improper Use of this Website

You may not upload to this Website any content that is pornographic, harassing, threatening, obscene, vulgar, offensively violent, abusive, sexually explicit, defamatory, bigoted, hate-related, invasive of privacy, confidentiality, or publicity rights, infringing of copyright, trademark or other proprietary rights, advocating illegal activity or discussion of illegal activity, or otherwise in violation of any law or rule. You remain solely responsible for all such content, and Manager disclaims all liability relating to it. Manager may remove content from this Website for any reason, and reserves the right to edit or otherwise modify content that you upload to cause it to conform to Manager’s policies, all in its sole and absolute discretion.

 

At no time will you upload any virus, Trojan horse, worm, back door, time bomb, drop-dead device or any other software routines or hardware components designed to: (a) disable, erase, or otherwise harm software, hardware, data, text or any other information stored in electronic form; (b) cause any of the foregoing with the passage of time; or (c) place a program or hardware under the positive control of a person or entity other than an owner or licensee of the program or hardware.

 

You may not use this Website in any manner that could damage, disable, overburden, or impair this Website or interfere with any other party’s use and enjoyment of it.  You may not attempt to gain unauthorized access to this Website, to accounts other than your own, or to computer systems or networks connected to this Website, through hacking, use of third party passwords, or any other unauthorized means.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website.

 

No Unsolicited Manuscripts
Manager does not accept unsolicited manuscripts sent to it through this Website, and takes no responsibility for any manuscript so transmitted.

 

Additional Rules
This Website contains various bulletin boards, contests and other features that are each governed by additional rules. Please read those rules, posted or linked at each feature, before participating in them, as they are considered part of these Terms of Use to which you agree through your continued use of this Website. Also, please note that your postings to any bulletin boards or forums on this Website become immediately public and will be accessible to anyone on the Internet.

 

Exclusion of Liability

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.  THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  Manager EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

Manager MAKES NO WARRANTY THAT (i) THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER FROM WHICH IT IS RUN IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODES, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS.

 

YOUR DOWNLOADING ANY MATERIAL FROM OR THROUGH THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH Manager SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

YOU UNDERSTAND AND AGREE EXPRESSLY THAT Manager SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Manager HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION CONTENT YOU UPLOAD; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THIS WEBSITE. 

Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Links to Other Websites
Manager may provide, or third parties may provide, at this Website links to other web sites or resources, Manager has no control over such sites and resources, is not responsible for their availability, and does not endorse and shall not be liable to you or any third party, for any advertising, goods or services, or other materials on or available from such sites or resources.  Also, Manager shall not be liable to you or any third party, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods or services available on or through any such site or resource. You should always review the terms and conditions of any site that you access through a link from this Website.

Indemnity
 

You agree to defend, indemnify and hold Manager and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of this Website or the Internet or the placement or transmission of any message or information on this Website by you or your authorized users. Manager shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

 

Right to Terminate or Suspend

Manager, in its sole discretion, reserves the right to terminate or suspend your access to and/or use of this Website, or any part of it for any reason, including, without limitation, if Manager believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use.  Any such termination or suspension may be effected without prior notice to you and Manager shall not be liable to you or any third-party for any such termination or suspension. In the event of termination or suspension, you are no longer authorized to have access to this Website, and all limitations on Manager’s liability and on your use of Website material shall survive.

Manager may also in its sole discretion and at any time modify or discontinue, temporarily or permanently, this Website (or any part of it), with or without notice.

 

Miscellaneous Provisions

These Terms of Use, along with any additional rules or conditions referred to herein, constitute the entire agreement and understanding between you and Manager as to your use of this Website, superseding all prior or contemporaneous communications and/or proposals.  The Terms of Use and the relationship between you and Manager shall be governed by the laws of the State of New York and the United States of America without regard to any conflict of law provisions. No failure or delay by a party in exercising any right, power or privilege under the Terms of Use shall operate as a waiver thereof. Each of these Terms of Use is severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of this Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

 

Locations Outside the United States

Manager makes no representation that the contents of this Website, including without limitation, its Privacy Policy, and any transactions offered, are appropriate or authorized in locations other than the United States of America.  Those who choose to access this Website from locations outside the United States do so at their own risk and are responsible for compliance with all applicable laws.  Software from this Website is subject to United States export controls and may not be downloaded or otherwise exported or re-exported to a national or resident of, or into, Cuba, Iran, North Korea, Iran, Syria or any other country to which the United States has restricted or controlled export; or to anyone forbidden by the government of the United States.

 

Copyright Agent 

Manager respects the intellectual property of others and asks its visitors to do the same.  If you believe that any copyrighted work of yours has been used on or in connection with this Website in a way that constitutes copyright infringement, please provide the Copyright Agent of Manager the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • 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 this Website (including a link if possible);

  • your address, telephone number, and email address;

  • 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 the copyright owner’s behalf.

The Copyright Agent is to be contacted solely to give notice of copyright infringement or otherwise communicate about copyright protection issues, pursuant to the Copyright Act of the United States.  This address does not connect with Albert Allegue or persons in his employ and should not be used to attempt to contact Mr. Allegue.

 

Without limitation of any of its other rights and remedies under the Terms of Use, the policy of Manager is to terminate access to this Website by repeat infringers of copyright.

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