LIMITATION OF LIABILITY.
Utell.tv AND ITS AFFILIATES, CLIENTS, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ACCURACY AND INTEGRITY OF INFORMATION.
Although Utell.tv attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Utell.tv so that it can be corrected. Information contained on the Site may be changed or updated without notice.
LINKS OR POINTERS TO OTHER SITES.
Utell.tv makes no representations whatsoever about any other Web site that You may access through this Site. When You access a non-Utell.tv site, please understand that it is independent from Utell.tv, and that Utell.tv has no control over the content on that Web site. In addition, a hyperlink to a non-Utell.tv Web site does not mean that Utell.tv endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to You to take precautions to ensure that whatever You select for Your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If You decide to access any of the third-party sites linked to this Site, You do this entirely at Your own risk.
EXPORT, IMPORT, AND OTHER REGULATIONS.
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access the Site regarding access, use, export, re-export and/or import of any Site content. You acknowledge and agree that You will not export or import any Site content to any country to which export or import is restricted under United States law, that You are not a national of any such country, and that the Site content will not be used in the design, development or production of nuclear, chemical or biological weapons.
CHOICE OF LAW; VENUE.
These Terms and Conditions are entered into in the State of Arizona and shall be governed by and construed in accordance with the laws of the State of Arizona, exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Site or these Terms and Conditions will be resolved in Phoenix, Arizona. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
Should either party hereto, or any heir, personal representative, successor or assignee of either party hereto, resort to legal proceedings in connection with these Terms and Conditions, the prevailing party shall be entitled to its costs, attorneys’ fees and litigation related expenses.
These Terms and Conditions, as may be amended from time-to-time by Utell.tv, constitute the entire agreement between Utell.tv and You pertaining to the subject matter hereof. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
Information Collected and Why Collected
How Utell.tv Uses and Share the Information
Access to Information and Choices
Security of Information
California Privacy Rights
European Union Users
Consent to Data Processing in United States
Dispute Resolution Policy
Questions and How to Contact Utell.tv
INFORMATION COLLECTED AND WHY COLLECTED
Information You Provide To Us. Types of personal information Utell.tv collects when You provide it to Utell.tv includes:
Social media handle
Information You provide Utell.tv through User generated content (e.g., videos, photos, replies, recommendations, feedback, testimonials, questions, favorite features, feature requests, comments, social media-type postings, custom fields, etc.).
Information You provide Utell.tv through 3rd party login services.
INFORMATION COLLECTED THROUGH GOOGLE ANALYTICS.
INFORMATION COLLECTED THROUGH COOKIES AND SIMILAR TECHNOLOGIES.
NO INFORMATION FROM CHILDREN UNDER AGE 13.
If You are under the age of 13, please do not attempt to register with Utell.tv at this Site or provide any personal information about Yourself to Utell.tv. If Utell.tv learns that Utell.tv has collected personal information from a child under the age of 13, Utell.tv will promptly delete that information. If You believe Utell.tv has collected personal information from a child under the age of 13, please email Utell.tv at kyle@Utell.tv.com.
HOW WE USE AND SHARE YOUR INFORMATION
Utell.tv collects information from You so that You can access additional features of our Site such as:
a) Make comments and replies;
b) Submit videos, photos, and recommendations, etc. (collectively, the “Material”);
c) Submit a request;
d) Share content;
e) Invite someone to learn more;
f) agree to privacy policies and terms of agreement; and
g) For any other legitimate business purpose as required or permitted by law.
Legal Proceedings. Utell.tv will share personal information with third party companies, organizations or individuals outside of Utell.tv if Utell.tv has a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
– Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request.
– Detect, prevent, or otherwise address fraud, security or technical issues.
– Protect against harm to the rights, property or safety of Utell.tv, our Users, customers or the public as required or permitted by law.
ACCESS TO YOUR INFORMATION AND CHOICES
If You have questions about personal information Utell.tv has about You or need to update Your information, email Utell.tv at Kyle@Utell.tv.com. You can opt-out of receiving marketing and promotional e-mails from Utell.tv by using the opt-out or unsubscribe feature contained in the e-mails.
SECURITY OF YOUR INFORMATION
Utell.tv use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of Your personal information. However, since the Internet is not a 100% secure environment, Utell.tv cannot guarantee, ensure, or warrant the security of any information You transmit to Utell.tv. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is Your responsibility to protect the security of Your login information. Please note that e-mails and other communications You send to Utell.tv through our Site are not encrypted, and Utell.tv strongly advises You not to communicate any confidential information through these means.
CALIFORNIA PRIVACY RIGHTS
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from Utell.tv once a calendar year information about the customer information Utell.tv shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which Utell.tv shared customer information for the immediately prior calendar year (e.g. requests made in 2015 will receive information regarding 2014 sharing activities). To obtain this information, please send an email message to Kyle@Utell.tv.com with “Request for California Privacy Information” on the subject line and in the body of Your message. Utell.tv will provide the requested information to You at Your e-mail address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
EUROPEAN UNION USERS
Legal Bases for Processing Personal Information. Utell.tv will only process Your personal information when Utell.tv has a lawful basis for doing so. Utell.tv will collect and process Your personal information as necessary for the performance of a contract to which You are a party or because Utell.tv has another legitimate interest in doing so relating to Utell.tv’s business purposes arising from Your relationship with Utell.tv. Utell.tv may also seek Your prior consent or rely on some other lawful basis to process Your personal information.
Rights of Users Located in the EU. If You use our Site and are located in the EU, EAA, or Switzerland, You are entitled by law to access, correct, amend, or delete personal information about You that Utell.tv holds. A list of these rights is below. Please note that these rights are not absolute and certain exemptions may apply to specific requests that You may submit to Utell.tv.
– The right to access. You have the right to ask Utell.tv for copies of Your personal information. When making a request, please provide an accurate description of the personal information to which You want access. Utell.tv may charge a reasonable fee based on administrative cost.
– The right to rectification. You have the right to ask Utell.tv to rectify information You think is inaccurate. You also have the right to ask Utell.tv to complete information You think is incomplete.
– The right to erasure. You have the right to ask Utell.tv to erase Your personal information in certain circumstances, including Your personal information must be erased to comply with a legal obligation under EU or member state law.
– The right to restrict processing. You have the right to ask Utell.tv to restrict the processing of Your personal information in certain circumstances, including: (i) when the accuracy of the personal information is brought into question, or (ii) when Utell.tv no longer needs the personal information for the purposes of the processing but You require such personal information for the establishment, exercise, or defense of a legal claim. The right to data portability. You have the right to ask that Utell.tv transfer the personal information You gave Utell.tv from one organization to another, or give it to You.
– The right to lodge a complaint with the supervisory authority. If You believe Your rights under the GDPR have been violated, the GDPR gives You the right to file a complaint with Your supervisory authority. A list of supervisory authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
– The right to withdraw consent. If Utell.tv obtains Your written consent to collect and process Your personal information, You can subsequently withdraw such consent as to any further processing of information by contacting Utell.tv at kyle@Utell.tv.com.
– Automated decision-making. To the extent that Utell.tv engages in decision-making based solely on automated processing, including profiling, which produces legal effects concerning You or which significantly affects You, You have the right not to be subject to such decision-making.
– Right to Object to Processing. You have the right to object to the processing of Your personal information that is based on legitimate interests. If You make such an objection, Utell.tv will cease to process the personal information unless Utell.tv can demonstrate compelling legitimate grounds for the processing which override Your interests or which override Your rights and freedoms, or Utell.tv can demonstrate the processing is for the establishment, exercise, or defense of legal claims. You can object to the processing of Your personal information by contacting Utell.tv at kyle@Utell.tv.com.
– Cross-Border Transfers of Personal Information. Personal information that You provide while in the EU, an EAA member state, or Switzerland may be transferred to the United States. The GDPR permits such transfer when necessary for the performance of a contract between You and Utell.tv, if Utell.tv obtains Your explicit consent to such transfer, or if it is Utell.tv’s legitimate interest to transfer the personal information. The laws in the United States may not be as protective of Your privacy as those in Your location. If Utell.tv transfer personal information from the EU, Utell.tv will provide an appropriate safeguard such as binding corporate rules, standard data protection clauses, Privacy Shield, or Your consent.
– Retention of Your Personal Information. Utell.tv will retain Your personal information until the personal information is no longer necessary to accomplish the purpose for which it was provided. Utell.tv may retain Your personal information for longer periods for specific purposes to the extent that Utell.tv are obliged to do so in accordance with applicable laws and regulations, to protect You, other people, and Utell.tv from fraud, abuse, an unauthorized access, as necessary to protect our legal rights, or for certain business requirements.
– Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights. For instance, we will not deny you goods or services; charge you different prices or rates for goods or services, including through granting discounts or other benefits, or impose penalties; provide you a different level or quality of goods or services; suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
– Please Contact Us if you have any further questions regarding your rights under the CCPA.
To exercise these rights please contact Utell.tv at kyle@Utell.tv.com. For Your protection, Utell.tv may need to verify Your identity before responding to Your request. In the event that Utell.tv refuse a request, Utell.tv will provide You a reason as to why.
DISPUTE RESOLUTION PROCESS
Utell.tv will review the submitted request and assign it a tracking number. Utell.tv will then respond to You, acknowledging receipt of the request, and outline the next steps in the process.
To help Utell.tv more effectively respond to Your requests, please provide Utell.tv with any supporting material that would be useful in the investigation:
– A detailed description of the complaint, incident, or vulnerability
– Date and time of the occurrence
– Individuals involved in the occurrence
– Any other pertinent information
The information You share with Utell.tv as part of this process is kept confidential within Utell.tv and will not be shared with third parties without Your permission.
You have a right, under certain conditions, to invoke binding arbitration or lodge a complaint with a supervisory authority. Please note that the prevailing party will have its legal fees paid by the losing party.
CONSENT TO DATA PROCESSING IN UNITED STATES
Utell.tv’s websites, including websites directed to residents in countries and jurisdictions outside of the United States, are operated and managed on servers located and operated within the United States. By using and accessing our Sites, residents and citizens of countries and jurisdictions outside of the United States agree and consent to the transfer to and processing of personal information on servers located in the United States, and that the protection of such information may be different than required under the laws of Your residence or location.
QUESTIONS AND HOW CONTACT US