TERMS OF SERVICE
Revised and Effective: February 20, 2013
1. The AlertTheGlobe™/eSoundLink® Terms of Service
AlertTheGlobe is a wholly owned subsidiary of eSoundLink, Inc., a California corporation.
The following Terms of Service ("Terms") document details the legal terms and conditions that govern your use of services provided to you by AlertTheGlobe™ and eSoundLink®, ("ATG/eSL"), including content services ("Content", such as text, images, graphics, data or other materials), and products and services ("Service or Services") provided through ATG/eSL, including all elements, software, programs and code comprising or incorporated into AlertTheGlobe.com and eSoundLink.com all their divisions, extensions, variants and partnerships such as mobile platforms and apps, syndications, and all other media platforms and distributions including, but not limited to, analog and digital broadcast radio, analog and digital broadcast television, cable, satellite and internet television, cable, satellite and internet radio, and archived and streaming video.
These Services are provided and operated by ATG/eSL. ATG/eSL is also referred to in these Terms as "we", "our", and "us".
By using our Service, you agree to be bound by both Section A ("General Terms") and Section B ("Additional Terms") of these Terms . The General Terms and Additional Terms contain provisions that are applicable to all users of our Service, including visitors to, and Members of, the ATG/eSL website and/or affiliated sites or mobile apps (the "Sites"). If you choose to register as a Member of our Service, you will be asked to check a box indicating that you have read, and agree to be bound by, all of the terms set forth in Sections A and B. However, you agree that if you use ATG/eSL Services in any form, even if you are a casual visitor and not a Member, that the full scope of the General and Additional Terms below apply to you.
Within this Terms of Service document ("Terms") the term "ATG/eSL" or "we" will refer to ATG/eSL, and their respective subsidiaries and affiliates that own and operate websites, mobile and Internet services and distribution channels on their behalf. The term "you" refers to you as a user of ATG/eSL's Services described below.
What do these Terms cover?
These Terms set forth the terms and conditions through which ATG/eSL will permit you to use these ATG/eSL-owned and operated websites and Services:
• the websites AlertTheGlobe.com and eSoundLink.com
• the ATG/eSL Network (together with all other software and services provided directly or indirectly by ATG/eSL), collectively, the "ATG/eSL Services" including those services made available through mobile apps, application programming interfaces ("APIs") and services offered through third parties or syndications integrating ATG/eSL functionality, collectively, the "ATG/eSL Network"
What is outside the scope of these Terms?
Some of the ATG/eSL Services contain links to other websites, including websites of third parties who are acting on our behalf as our agents, distributors, suppliers, content providers or functionality providers and sites and/or services we are linking to for purposes of illustration or functionality, such as videos or articles that we may be referencing in our content. These other websites are not operated by ATG/eSL. Other sites that we link to may contain ATG/eSL branding, but these non-ATG/eSL websites and resources are provided by companies or persons other than ATG/eSL. Examples of these non-ATG/eSL websites include websites that may be hosting ATG/eSL syndicated content or other services, where you may be required to log-in using a username and password other than your username and password for the ATG/eSL Services. These Terms do not apply to those non-ATG/eSL sites. Those sites will have their own Terms of Service that we encourage you to read before you use them.
2. Accepting These Terms
In order for you to use any of the ATG/eSL Services, you must first agree to abide by the Terms. you can accept these Terms by:
• Checking the box next to "I have read and agree to the Terms of Service" on any ATG/eSL upload or Membership account creation page; or
• Using any of the ATG/eSL Services, in which case you understand and agree that these Terms will apply to your use of those services (or any parts of them).
Before you continue to use the ATG/eSL Services, you should print or save a local copy of the Terms for your records.
Section A: General Terms
All brand, product and service names used in this Service which identify ATG/eSL or third parties and their products and services are proprietary marks of ATG/eSL and/or the third parties. Nothing in this Service shall be deemed to confer on any person or entity any license or right on the part of ATG/eSL or any third party with respect to any such name, image, logo or brand.
3. Intellectual Property / Copyright
ATG/eSL is, unless otherwise indicated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to the Sites are either the copyright owners of the that work and its component parts, or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, mix, remix or otherwise prepare or produce derivative works based on any of the Content including any such works without the express, written consent of ATG/eSL or the respective owner of copyright in such works.
ATG/eSL does not claim ownership rights in your works or other materials posted by you ("Your Content") to the Sites. You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functionality available via the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of interactive Service functionality provided by us.
4. Intellectual Property / Copyright Violations
At ATG/eSL's discretion and/or in specific situations, as in the case of reported copyright violations, ATG/eSL may remove Your Content uploaded to the Site, terminate your account or prevent access to the Site by users who may be infringing on other's intellectual property rights.
See the ATG/eSL Copyright Policy document for details regarding how to file a notification of alleged copyright infringement and how to file a counter-notification.
5. Third Party Software and/or Services
ATG/eSL Sites are optimized for current browsers, mobile platforms and media players, and other types of third party software. At any time, as a convenience to ATG/eSL or to the Site user or Member, we may make third-party software available through the Service. This may include, but is not limited to: links to updated browsers, media players, PDF readers; text editors or cloud-based software tools, including mobile apps or project planning and calendar/scheduling tools. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall ATG/eSL be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded or used by you through the Service.
6. External Links
ATG/eSL-created or user-created content on the site may provide links to third-party websites and/or resources. You acknowledge and agree that ATG/eSL is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Such links to other websites or resources do not imply any endorsement by ATG/eSL of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your linking to, or use of any such websites or resources.
This Service is provided by ATG/eSL on an "AS IS" and "AS AVAILABLE" basis and ATG/eSL reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that ATG/eSL is and will not be liable to you or any parties related to you or your information, data or content, for any modification, suspension or discontinuance of the Service.
You agree that you shall not interfere with or disrupt (or attempt to disrupt or in any way interfere with) this Service or any parts of its functionality, or servers, network equipment or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to ATG/eSL that is: false or misleading; that you do not have the right to disclose; or that attempts to hide or mask your identity. ATG/eSL does not endorse any content placed on the Service by you, by third parties, or any opinions or advice contained in such Content. You agree to defend, indemnify, and hold harmless ATG/eSL, its Members, Site Members, officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
9. Disclaimer of Warranty and Limitation of Liability
ATG/eSL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ATG/eSL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. ATG/eSL MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT ATG/eSL IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ATG/eSL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ATG/eSL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL ATG/eSL'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO ATG/eSL PURSUANT TO THIS AGREEMENT.
10. Amendment of Terms
We reserve the right to amend these Terms from time to time, for any reason, at our sole discretion. If you have registered as a Site Member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to ATG/eSL for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
These Terms constitute the entire agreement between ATG/eSL and you with respect to your use of the Service. ATG/eSL's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. ATG/eSL shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of ATG/eSL. These Terms shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of California.
If you have any comments or questions about the Service please contact us by email at email@example.com
Section B: Additional Terms
In order to use ATG/eSL Member Services (as distinct from accessing general ATG/eSL Content), you may be required to provide information about yourself (such as identification or contact details) as part of the Membership registration process. You agree that any registration information you give to ATG/eSL will be accurate, correct, and current.
2. Prohibited Uses
You specifically agree not to:
• use the ATG/eSL Services to undertake or accomplish any unlawful purpose, including but not limited to, uploading, posting, storing, transmitting or disseminating information, data or material which is libelous, defamatory, obscene, pornographic, racially or ethnically offensive, depicting gratuitous violence, inciting violence, condoning or propagating hate speech, aiding any form of terrorist activity or terrorist organization, harmful, unlawful, or which infringes the intellectual property rights of any person or entity, gives rise to civil liability, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, statute, ordinance or regulation, or is otherwise clearly inappropriate.
• use the ATG/eSL Services to bully, stalk, abuse, threaten, or intimidate any other user.
• upload, post, publish, transmit, reproduce, create derivative works of, or distribute on the ATG/eSL Services in any way, information, software or other material that is protected by copyright or other proprietary right, or that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party, without obtaining any required permission of the owner; or to facilitate the unlawful distribution of copyrighted content, intellectual property or illegal content;
• to forge headers, watermarks, or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
• post on the ATG/eSL Services unsolicited or off-topic bulk or commercial messages commonly known as "spam";
• send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain irrelevant or non-substantive content, or send very large messages or files that disrupt a calendar, blog, newsgroup, forum, chat, or similar feature of the ATG/eSL Services;
• initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme through the ATG/eSL Services;
• participate in the unauthorized collection of e-mail addresses, screen names, or other identifiers of others (without their prior consent) from the ATG/eSL Services, (a practice sometimes known as spidering or harvesting), or to install spyware on the ATG/eSL Network, or to participate in the use of software (including "spyware") designed to facilitate this activity;
• collect responses from unsolicited bulk or commercial messages posted on the ATG/eSL Network;
• impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for "phishing" or bullying, for example) on the ATG/eSL Services;
• create more than one personal or company (i.e., band) Membership account;
• create a Membership account for anyone other than yourself or your company.
• restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the ATG/eSL Services (except for tools for safety and security functions such as parental controls, for example);
• to upload, post, or otherwise transmit any material or software which is likely to cause harm to ATG/eSL or anyone else's servers or computer systems, including but not limited to unauthorized or malicious code, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
• to upload, post or transmit any information or utilze any software which contains a worm, virus, trojan, spyware, keystroke logger, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information (i.e., a DOS attack);
• register under the name of, nor attempt to use the ATG/eSL Services under the name of, another person;
• allow another person to access the ATG/eSL Services using your name or credentials;
• access (or attempt to access), decompile, or extract source code for the ATG/eSL Services through any manual or automated means (including use of scripts or web crawlers), except through APIs or other interfaces specifically provided for this purpose, or violate the instructions set out in any robots.txt or similar file present within the ATG/eSL Services;
• compile, directly or indirectly, a collection, compilation, database or directory of ATG/eSL Content by any means including the use of robots, harvesting bots, scrapers or spiders, without ATG/eSL's prior written consent;
• capture, copy, screen grab, rip, download, or otherwise create a copy of any content that is shown on the ATG/eSL Sites without obtaining any required permission of the content owner(s); or
• take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any ATG/eSL content or other entertainment program, service or product that may be presented by the ATG/eSL Service.
• transfer your rights or obligations under these Terms of Service to anyone else without our consent.
3. Your Passwords and Unauthorized Use of your Account
You agree and understand that you are responsible for maintaining the confidentiality of the password(s) you use to access the ATG/eSL Services and that any passwords you create for use on ATG/eSL Networks should be strong passwords. We define a strong password as being at least 12 characters in length and containing both letters in upper and lower case, plus numbers, and at least one punctuation mark. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. Accordingly, you agree that you will be solely responsible for all activities that occur under your ATG/eSL Services accounts for any activities or actions under your password, whether or not you have authorized such activities or actions and will be responsible for any breach of these Terms caused by these activities. If you become aware of any unauthorized use of your password or of your account, you agree to notify ATG/eSL immediately.
4. Privacy and your Personal Information
5. Content on the ATG/eSL Services
The ATG/eSL Services will allow you to access information, such as collections of data, text, photographs, logos, graphics, other static images, video, audio, or other multimedia ("Content"). This Content may be owned by ATG/eSL, other companies that give ATG/eSL the right to distribute their Content (such as music labels or movie studios, publishers or distributors), or users of the ATG/eSL Services (like you). ATG/eSL grants you a limited license to view the Content and to use the ATG/eSL Services for personal, non-commercial purposes as set forth in these Terms or in a manner that does not require a license. Unless the Content was legally posted by you on the ATG/eSL Services, you may not distribute copies of the Content in any form (including via e-mail or other electronic means), without prior written permission from the Content owner(s) / copyright holder(s) except as permitted by law. Of course, you are free to encourage others to access the Content directly as it is presented on the ATG/eSL Networks by posting or sharing links to it, and/or by telling them how to find it.
You agree that you will not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content (including visual or digital watermarks) or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. Copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, uploading, publication, modification, translation, broadcast, performance, display, sale, or transmission of any Content on the ATG/eSL Networks, including user uploaded content, is strictly prohibited unless it is expressly permitted by ATG/eSL in writing. You may not incorporate the Content into any hardware or software application. This prohibition applies even if you intend to give away the copied or derivative materials free of charge.
You understand that although ATG/eSL makes every effort to moderate user generated content, by using the ATG/eSL Services you may be exposed to Content that you may find offensive, indecent or objectionable, particularly in the area of user/Member posts in forums, message boards or other community, calendar and communication features of ATG/eSL. In this respect, you use the ATG/eSL Services at your own risk. If you would like to use them, there are commercially available services and software that can limit exposure to material that you may find objectionable.
6. User Submissions
Some of the material appearing on the ATG/eSL Services will be provided by users. ATG/eSL does not claim ownership of any material that users submit or post on the ATG/eSL Services. You agree that you are solely responsible for (and that ATG/eSL has no responsibility to you or to any third party for) any material that you create, transmit, or display while using the ATG/eSL Services, and for the consequences of your actions (including any loss or damage which ATG/eSL may suffer) by doing so. Further, you agree that, with respect to any communication you submit to us for posting on the ATG/eSL Services, you will not violate any item outlined in Section 2: Prohibited Uses above.
If you post any content to the ATG/eSL Services, you hereby grant ATG/eSL and its licensees a worldwide, royalty-free, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute the content, on or in connection with the ATG/eSL Network or the promotion of the ATG/eSL Services, and incorporate it in other works, in whole or in part, in any manner. You represent and warrant that you own the content or otherwise have sufficient rights in it to grant to ATG/eSL the license set forth in this section without infringing or violating the rights of any third party, including the subjects portrayed in any image and or audio/video recording.
If you remove content that you have posted to the ATG/eSL Services or terminate your ATG/eSL Services account, this license will automatically expire, with a few limited exceptions. ATG/eSL may retain, but will not actively use, copies of your data that were archived in the normal course of ATG/eSL's database backups. In addition, copies of content that you have shared with other users of the ATG/eSL Services may be retained by ATG/eSL and associated with those other users' accounts in order to provide them with the ATG/eSL Services. ATG/eSL does not assert any ownership over content that you post to the ATG/eSL Services; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all content you post to the ATG/eSL Services and any intellectual property rights or other proprietary rights associated with the content.
The ATG/eSL Services may also contain links to forums, bulletin boards, calendars, chat rooms, and blogs about the various ATG/eSL Services. Children under the age of 13 are prohibited from posting in any of the forums, boards, chat rooms, blogs, other editorial sections of the ATG/eSL Services. Participants in these forums, bulletin boards, chat rooms, and blogs are solely responsible for all content that they post there. ATG/eSL retains the right, but not the obligation, to correct any errors or omissions in any of this content, as it may determine in its sole discretion. ATG/eSL further reserve the right to delete or remove any content from the forums, bulletin boards, calendars, chat rooms, and blog comments, and to terminate Membership and/or restrict, suspend, or block Member's ability to post to any community forums or features without prior notice or liability. You agree that your participation in these forums, bulleting boards, chat rooms, and blogs will at all times conform with the policies stated above.
ATG/eSL reserves the right, but does not assume any obligation, to review any user submission prior to its display on the ATG/eSL Services using automated tools or manual processes. ATG/eSL may refuse to display or remove any user submission from the ATG/eSL Services for any reason in our sole discretion. However, we will typically only do so when we become aware that the material in question violates any of the items outlined in Section 2: Prohibited Uses.
7. You Are Responsible for All Content That You Upload
You are responsible for all of Your Content you upload or otherwise copy, distribute or display using the Service, for yourself or on behalf of a minor. You must have the legal right to copy, distribute and display all parts of any content, including text, images, videos, music or audio files that you upload. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.
8. Commercial Activities
Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than ATG/eSL. Commercial activities with respect to the arts, (including, but not limited to, posting promotional material for a music concert, performance, fundraiser, gallery opening, film screening or theatrical event), are permitted for registered Members acting as individuals, for small corporations or partnerships engaged primarily in art-related activities in which one or more of the principals is a registered Site Member, or for those seeking to retain the services or works of a registered Member (for example, bands that may be seeking a new bass player or drummer). Commercial activities in the form of paid advertising on the Service are subject to the terms and conditions relating to the purchase of such advertising. Commercial activities in the form of equipment sales and rentals, ticket sales or enrollment in music education programs are subject to the terms and conditions relating to those Services on ATG/eSL Networks. No other commercial activities are permitted on or through the Service without ATG/eSL's written approval. Any interactions with Members of the Service regarding commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other Site Member, and/or Site user.
9. Groups, Message Boards, Forums, Blog Comments and Live Chat
As a registered Member of the Service, you may also be able to participate as an Administrator or Member of a "Group", including "Message Board", "Forums" or "Live Chat Sessions", which is a set of user pages and applications formed for the purpose of collecting content, discussions, planning and organizing Site Members with common goals or interests.
• You agree to participate in a Group on the basis of its own rules consistent with these Terms of Service, the conduct set out in Section 2 above, and such other rules created by us for Groups from time to time including with respect to the use of Groups for commercial activities.
• As an administrator or participant in a Group you acquire no ownership rights over the Group, the Group software applications provided by us or over the right to conduct the activities of the Group.
• Any Content submitted to a Group remain, as between the Group and the user submitting such content, the property of the person or entity who submitted the content.
• Groups are managed by registered Members of the Service and not by ATG/eSL directly. We are not responsible for the conduct of Group participants or administrators and will not interfere with the management or activity of any specific Group or the rules it establishes for itself as long as they are consistent with these Terms of Service and our policies.
• Groups may not be used to collect personal data about participants in Groups without the express permission of an individual participant.
• The Group permits us to take appropriate action should intervention become necessary as a result of a violation of the Terms of Service or of any other of our policies. We can remove a Group Member, a Group and/or the Group's privileges at any time at our discretion.
• The use in a Group name of trademarks or distinctive trade names of properties, goods or services is subject to objections from the owner of the marks and names. ATG/eSL will respond to such objections by requiring an appropriate change in the name of the Group. The use of trademarks and trade names in Group names otherwise must be descriptive of Group activity or purpose. To avoid copyright issues, Groups wishing to name themselves after trademarked properties must include a further description in its name such as "Fender Custom Guitar Aficianados" instead of simply "Fender Guitars" or "The Mesa Amp Enthusiast Group" instead of "Mesa Amps".
10. Storage Policy
At this time, ATG/eSL provides free online storage of Your Content to registered Members of the Service. However, you acknowledge and agree that ATG/eSL may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any individual Content files that may be stored on the Service, the maximum aggregated disk ATG/eSL that will be allotted to you for the storage of Your Content on ATG/eSL's servers. Certain sections may have their own limitations, for example the YOU section which may limit how many times a given site user or Member may upload pictures of themselves in the course of a given week.
ATG/eSL shall have no responsibility or liability for the deletion, loss or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that ATG/eSL reserves the right to modify its storage policies from time to time, with or without notice to you.
11. Suspension and Termination of Access and Membership
You acknowledge that ATG/eSL reserves the right to terminate or suspend accounts that are inactive, in ATG/eSL's sole discretion, for an extended period of time (thus deleting or suspending access to your Content). You agree that ATG/eSL may at any time, and without notice, suspend or terminate any part of the Service, or terminate your membership and delete any Content stored on any ATG/eSL Site, in ATG/eSL's sole discretion, if you fail to comply with the Terms or applicable law.
ATG/eSL welcomes your suggestions and feedback about the ATG/eSL Services. ATG/eSL asks that you limit your feedback to the ATG/eSL Services and refrain from commentary about unrelated topics beyond the control of ATG/eSL. Any communications you send to ATG/eSL are deemed to be public comments submitted on a non-confidential basis and become the sole property of ATG/eSL. ATG/eSL may, in its sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. All of these uses by ATG/eSL shall be without liability or obligation of any kind to you. These uses may include, for example, use of the content of any of these communications, including any works, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of the communications and without liability to that person.
Please send any suggestions or feedback to:
13. Proprietary Rights
You acknowledge and agree that ATG/eSL (or ATG/eSL's licensors) own all legal right, title, and interest in and to the ATG/eSL Services, including any intellectual property rights which subsist in the ATG/eSL Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with ATG/eSL, nothing in the Terms gives you the right to use any of ATG/eSL's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features except as permitted by law. If you have been given an explicit right to use any of these brand features in a separate written agreement with ATG/eSL, then you agree that your use of these features shall be in compliance with that agreement, any applicable provisions of the Terms, and ATG/eSL's brand feature use guidelines as updated from time to time.
Unless you have been expressly authorized to do so in writing by ATG/eSL, you agree that in using the ATG/eSL Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of these marks, names or logos.
14. Linking to the ATG/eSL Sites
ATG/eSL welcomes links to the homepages or content pages of any of the ATG/eSL Sites. You are free to establish a hypertext link to these content pages so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by ATG/eSL. ATG/eSL does not permit framing of the ATG/eSL Sites or any portions of them.
15. License from ATG/eSL
ATG/eSL gives you a worldwide, non-assignable and non-exclusive license to use the ATG/eSL Services for your personal, non-commercial use on the terms and conditions described in these Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the ATG/eSL Services as provided by ATG/eSL, in the manner permitted by the Terms.
16. Discontinuing Use of the ATG/eSL Services and Termination of the Terms; Provisions That Remain in Effect after Termination
The Terms apply to all users of the ATG/eSL Services at all times that they may be using the ATG/eSL Services or Network. Except as described below, depending on whether you are an unregistered user or a Member, you can discontinue your use of the ATG/eSL Services so that these Terms no longer apply to you.
17. Unregistered Users
If you use any of the ATG/eSL Services (or parts of those services) that are accessible without registration, (for example, general Content) you may discontinue use of those services at any time. Doing so will terminate the Terms as they apply to you. If you breach any provision of these Terms or other applicable policies, or for any other reason, ATG/eSL reserves the right to restrict, suspend, or terminate your use of the ATG/eSL Services and terminate the Terms. We may take these actions with or without notice to you. Because unregistered users are generally unknown to us, in most cases we will be unable to give notice of these actions.
If you use any of the ATG/eSL Services (or parts of those services) as a registered user (Member), you may terminate your registered user account at any time. Doing so will delete your account and, because you can no longer use the service associated with that account, terminate the Terms with respect to that service. If you breach any provision of these Terms or other applicable policies, or for any other reason, ATG/eSL reserves the right to restrict, suspend, or terminate your Member account for any or all of the ATG/eSL Services and terminate the Terms. We may take these actions with or without notice to you. Because registered users are known to us, however, we will generally make reasonable efforts to give notice of these actions.
19. EXCLUSION OF WARRANTIES
THE ATG/eSL SERVICES ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." ATG/eSL AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE ATG/eSL SERVICES, NOR DO THEY GUARANTEE THAT THE ATG/eSL SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE ATG/eSL SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT YOUR USE OF THE ATG/eSL SERVICES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE ATG/eSL SERVICES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION. IF YOU RELY ON THE ATG/eSL SERVICES OR ANY MATERIAL AVAILABLE THROUGH THEM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE ATG/eSL SERVICES.
20. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ATG/eSL (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THE ATG/eSL SERVICES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF THESE DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN THESE STATES, THE LIABILITY OF ATG/eSL AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE STATE LAW. YOU AGREE THAT THE LIABILITY OF ATG/eSL (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE ATG/eSL SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO ATG/eSL FOR THE USE OF THE ATG/eSL SERVICES.
You agree to indemnify, defend, and hold harmless ATG/eSL (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of the Terms or unauthorized use of the ATG/eSL Services. ATG/eSL reserves the right, at its election to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with ATG/eSL in connection with our defense.
22. Copyright Infringement
ATG/eSL is committed to complying with U.S. and International copyright and related laws, and requires all users of the ATG/eSL Services to comply with these laws. Accordingly, you may not use the ATG/eSL Services to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. and International copyright law.
If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the ATG/eSL Services, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the "DMCA") and other Intellectual Property Laws by sending ATG/eSL's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon ATG/eSL's receipt of a satisfactory notice of claimed infringement, ATG/eSL will respond expeditiously either directly or indirectly (i) to remove the allegedly infringing work(s) accessible through the ATG/eSL Services or (ii) to disable access to the work(s). It is ATG/eSL's policy in accordance with the DMCA and other applicable laws to reserve the right to terminate access to the ATG/eSL Services (or any part of those services) for any user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who ATG/eSL, in its sole discretion, believes is infringing these rights. ATG/eSL may terminate access to the ATG/eSL Services at any time with or without notice for any affected customer or user. If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to ATG/eSL. Upon ATG/eSL's receipt of a counter notification that satisfies the requirements of DMCA, ATG/eSL will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that ATG/eSL will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Copyright owners may send ATG/eSL a notification of claimed infringement to report alleged infringements may send notice to:
A Division of eSoundLink, Inc.
Attn: Content Director
Re: Copyright Infringement
Laguna Beach, California
Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to ATG/eSL, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If a notification of claimed infringement has been filed against you, you can file a counter notification with ATG/eSL's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
23. Syndicated Content and Services
The ATG/eSL Content and Services may appear on other sites. Some of these other sites may be syndicated, or co-branded with ATG/eSL branding or syndication partner branding and may look like features of the ATG/eSL Services, but these websites and resources are provided by companies or persons other than ATG/eSL. ATG/eSL does not control the terms of service or the privacy policies of these sites, and their terms and policies will govern your use of those sites and their use of any information you provide to them through those sites. You acknowledge and agree that ATG/eSL is not responsible for the availability of any of these external sites or resources, and does not endorse any advertising, products or other materials on or available from these websites or resources. you acknowledge and agree that ATG/eSL is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, these websites or resources.
24. Changes to the Terms
ATG/eSL reserves the right to change these Terms from time to time consistent with applicable contract laws and principles. When these changes are made, ATG/eSL will make a copy of the updated Terms available at this web page.
ATG/eSL will make the updated Terms available to you before they take effect. you understand and agree that if you use the ATG/eSL Services after the date on which the Terms take effect; ATG/eSL will treat your use as acceptance of the updated Terms.
AlertTheGlobe™/eSoundLink®, the ATG/eSL logos and symbol design, are all trademarks or service marks of eSoundLink, Inc., AlertTheGlobe (a division of eSoundLink, Inc.) or its subsidiaries. All other trademarks and service marks appearing on the ATG/eSL Services are the properties of their respective owners.
26. General Legal Terms
The Terms constitute the whole legal agreement between you and ATG/eSL and govern your use of the ATG/eSL Services, and completely replace any prior agreements between you and ATG/eSL in relation to the ATG/eSL Services.
You agree that ATG/eSL may provide you with notices, including those regarding changes to the Terms, by e-mail, or postings on The Career Advisor website.
You agree that if ATG/eSL does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ATG/eSL has the benefit of under any applicable law), this will not be taken to be a formal waiver of ATG/eSL's rights and that those rights or remedies will still be available to ATG/eSL.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of which ATG/eSL Inc. is the parent shall be third party beneficiaries to the Terms and that these other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or entity shall be third party beneficiaries to the Terms.
The Terms, and your relationship with ATG/eSL under the Terms, shall be governed by the laws of the State of California, without regard to its conflict of laws provisions. By using the ATG/eSL Services, you consent to the exclusive jurisdiction of the state and federal courts in Laguna Beach, California, in all disputes arising out of or relating to the Terms or ATG/eSL Services.
Revised and Effective: February 20, 2013
Our Commitment to Our Visitors and Members
ATG/eSL is sensitive to keeping you informed of our policies—and what Information is being garnered on Our website, how the Information is being used and your options regarding the collection and use of the Information.
Types of Information Collected and Their Uses
We gather Personally Identifiable Information (PII) when you register as a Member in order to use some of the features offered through ATG/eSL Services and Networks. This is information that you provide expressly by entering information into forms, interactive exercises, games, communication and community features on Our site including, without limitation: your first and last name, mailing address, e-mail address, and, in some cases, other unique personal identifiers, e.g., gender, date of birth, educational background, etc. Should you choose to not share this Personal Information with ATG/eSL we may not be able to offer you personalized services that require such information. However, all Personally Identifiable Information (PII) information, with the exception of your name, that you share with ATG/eSL will remain private.
We also gather anonymous information, which includes any information that is not tied to your Personally Identifiable Information (PII), such as your IP address (Anonymous Information). You are not required to sign up on our web site in order for us to collect your Anonymous Information. Also, we may receive information about you from other sources including (but not restricted to) service providers for tracking and marketing purposes (for example Google Analytics or other site activity tracking tools and potentially Source Information). Source Information may consist of: a) referral data or the web site you were previously visiting prior to visiting Our web site; and b) information connected to the browser and/or platform you are using to access Our web site. Personal Information, Anonymous Information, and Source Information will be collectively referenced as simply ‘Information’ from this point forward in this policy.
Beyond this Information that you give to us or that we derive from your visit and site activity, we will also collect specific info resulting from your use of ATG/eSL Service, or complement the data we collect with other information from other online or offline sources. For example, we use “cookies” and the information collected by them to improve your experience at our site—for example to recognize you when you return to the site, and potentially to provide you with relevant and personalized content and offers. We may also use third-party advertising groups to present and track ads that appear on Our site. Such third-party entities may use their own cookies and and other activity tracking tools to measure advertising / promotional effectiveness.
We collect Information in order to:
• Conduct, optimize and enhance the features, functions and content presented to you
• Provide products, programs, content and services that you have requested;
• Customize the content and advertisements / promotions displayed on our site;
• Communicate with you through other channels, such as email and respond to any questions;
• “Pre-populate” forms;
• Carry out research about your use of the features, offerings and content from ATG/eSL, our parent or sister companies and partners;
• Spur internal product and content development and improvement; and
• Offer you other products, programs, or services that may be of interest.
(We also reserve the right to collect and use your Information for general marketing reasons, for example, to alert you to new ATG/eSL Content or Services, or, if you have indicated an interest in acoustic guitar, to let you know that there is an acoustic guitar workshop coming up in your region).
We reserve the right to collect Information about you and store it in connection with other online or offline information we may possess or obtain about you. Such information may include, information about music education or training programs that you request information from, school programs that you enroll in and other personalized offers, e.g., music business webinars or podcasts, that you register for through ATG/eSL or our Affiliates or Partners.
Who does AlertTheGlobe / eSoundLink share Information with?
If you opt-in for specific ATG/eSL Services, we may share Information about you with other third-party groups or providers for specific purposes including the following reasons outlined below. In every case you’re able to opt-out of sharing your Information with such providers by choosing not to use or register for that particular service or content.
Requests for Products or Services. Should you submit a request for a product or ATG/eSL Services on the ATG/eSL Network, we will share Information from the request form with Our Affiliates, Partners or other Members, in order to respond to your request. Additionally, with your permission, via an opt-in process, our business partners will have the right to contact you via telephone, e-mail, or mail based on the Information you provided to ATG/eSL, including your contact preferences. This applies even if you have opted into the National Do Not Call List overseen by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of a specific company. Should one of Our business partners contact you by telephone, and you desire to not be contacted again by that business partner regarding your inquiry, we advise that you specifically ask that partner to not contact you again in the future.
Sweepstakes, Contests or Promotions. We may run promotions, contests and/or sweepstakes, which may or may not be sponsored or co-sponsored by third-party companies. During a promotion or sweepstakes, Information garnered about you is shared with the sponsor or co-sponsor unless you opt-out of sharing Information with these entities.
Service Providers. We may reveal Information about you to companies that run specific services for us — such as educational partners, marketing distribution or database developers or call centers. Our service providers use the Information received from us solely for the purposes of providing you with the products or services you requested. We may also share aggregate information with third parties and business partners, in certain instances, in order to provide the services they are contracted to perform. These services may include things like sending you text messages you have requested about upcoming concerts by your favorite bands coming to your home town.
Legally Required or Allowed. We respect and protect your privacy, but it is possible that we may be required to provide information about you to a court, law enforcement agency or to comply with Federal laws — including, without limitation, the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (aka, the CAN-SPAM Act of 2003). We will only disclose your information if we are legally required to do so — if we receive a valid subpoena, court order, or search warrant, for example. These disclosures may be made with or without your consent, and with or without notice. We may also disclose information about you or users of the ATG/eSL Services when we believe in good faith that the disclosure of information is necessary to prevent financial loss, address suspected illegal activity, protect our rights or property, or prevent imminent physical harm.
Subsidiaries, parent, and other affiliated companies. we also may share Information about you with Our subsidiaries, sister companies, parent company, and other affiliated groups in order to provide you with ATG/eSL Services unless you specifically opt-out of sharing Information with such entities.
Non-Affiliated Companies. We will not sell your Personal Information with non-affiliated third parties. However, we may share your Personal Information with non-affiliated third parties, but only if you initiate an action to share such information yourself, e.g., by communicating with others, including—without limitation -- music instructors, mentors, professors or peers, via ATG/eSL message boards, forums, calendars, blogs, network contact lists, ATG/eSL email or other services. We may share general, categorical or statistical information about you in order to provide a product or service that we feel may be of interest to you, based on your indicated interests and preferences, e.g., webinars, podcasts, articles, books, audio recordings, videos, etc. from unaffiliated third parties such as publishers, authors, subject experts, professional associations, etc.
Protecting your Information
We employ state-of-the-art technical and procedural safeguards created to protect your Information. We protect Information about you over the Internet by using a secure web server, which allows web browser programs to interact with Our web server via an encrypted session for form submissions. For secure functions (such as login) we employ a Secure Sockets Layer (SSL) connection that provides an encrypted connection between your computer and us. Depending on which browser you use, you will know you are in secured area by "https" or a padlock graphic appearing in the lower right hand corner of your browser window. When you visit ATG/eSL sites or apps, you may move in and out of secured areas.
Because ATG/eSL Services and Network are by nature international, we may store, process and/or transfer personal data to countries outside of the United States of America. By using ATGeSL Services, you consent to such transfer. For example, if you elect to submit your Personal Information to a Canadian or UK music school, we may transfer your Personal Information across borders to the Canadian or UK schools that you selected.
Minors Under the Age of 13
We do not intentionally gather or request personal information from anyone under the age of 13 or knowingly allow such persons to sign up. If you are under 13 years in age, please do not attempt to sign up for ATG/eSL Services or provide us with any data about yourself — including your name, address, telephone number, or email. No one under age 13 may reveal any personal information to ATG/eSL or use ATG/eSL Services without the express written permission and direct supervision of a parent or legal guardian. Shall we discover that personal information from a child under age 13 has been collected without verification of parental permission, we will delete that data as quickly as possible. If you are concerned that we may possibly have gathered any information from or about a child under 13, please contact us immediately at the email below.
Minors Between 13 and 18 Years of Age
We advise that minors 13 years of age or older check with their parents for permission before transmitting any personal information onto the Internet.
Your Information May be Shared Among ATG/eSL Affiliated Companies
The Services are provided by various companies and divisions that are part of ATG/eSL. We may share your information among these ATG/eSL companies so we can make it easier for you to use several Services seamlessly. Also, if you use the Services in connection with other ATG/eSL services, we may need to share your information with the ATG/eSL companies that offer those services, too.
You may choose not to register for any one of the Services (or for all of them) if you do not want to share information that identifies you when you use the ATG/eSL Services or Network. If you do register, we will give you a chance to create a profile. We may use some of the information in that profile to choose the content and advertising we think you would like to see.
ATG/eSL users have several choices about how to share information from their profiles and other community functions that are a part of ATG/eSL Services. The AlertTheGlobe and eSoundLink websites, mobile apps and interactive syndications explain how you can make those choices.
Advertising Networks and Other Service Provider Networks
Forums, Blogs, Calendars, Message Boards, Live Chat, All Communication Features
If you choose to post information on forums, blogs, message boards, live chat or via any communication features on the ATG/eSL Services, (such as email or SMS text messaging), it is a public posting or communication — it is not private. Once the information is posted, other users will see it and may copy or store it. You agree that you use any ATG/eSL communication features at your own risk.
Transferring Information to Social Networking Sites and Services
You may choose to use social networking websites to share or link to information from your ATG/eSL profile, or Service activities. If we (including our servers and/or databases) receive instructions to send your information to one of these websites, with your valid ATG/eSL login information is included, we will accept the instructions to transfer your information.
ATG/eSL, or third parties acting on ATG/eSL's behalf, routinely logs Non-Personally Identifiable Information that is automatically generated when all users visit or use the ATG/eSL Services or Network, as a by-product of the user's activities ("Server Log Data"). This information includes, but is not limited to, Internet protocol ("IP") header information that is automatically passed between a user's computer and the ATG/eSL Sites, such as the computer's IP address, the browser being used at the time, and the URLs of the webpages on the ATG/eSL Network that the browser requested. This information may also include details relating to the activities users perform within the ATG/eSL Sites, such as what links they click on, in what sequence you access specific web pages within the ATG/eSL Sites, and the search queries they perform on the ATG/eSL Sites.
Some of the ATG/eSL Services allow you to store certain details and preferences that help you personalize that ATG/eSL Service ("Preference Data"). This Non-Personally Identifiable Information may include ZIP code, age, gender, profile preferences, etc. ATG/eSL stores Preference Data in a cookie that it places on your computer. we do this so that you do not have to enter this data every time you return to the ATG/eSL Network. we may also use the Preference Data to deliver other personalized services and features of the ATG/eSL Services.
We, or our advertising providers, automatically deliver ads or school program information to all users of the ATG/eSL Sites, whether they are registered or not, based on anonymous information including: (i) the IP address associated with your computer for purposes of determining your approximate geographic location; (ii) the type of web page that is being displayed, such as a career or industry description, for example; or (iii) the content on the page that is shown, such as an article about a certain learning challenge or a review of a particular book. Because this advertising activity automatically applies to all users and it is purely contextual, this type of advertising delivery cannot be customized or controlled by individual users, except in a limited way by indicating career preferences in your personal profile.
ATG/eSL asks you to provide certain information when you initially register to use the ATG/eSL Services and then afterwards may ask you to provide additional information when you use certain ATG/eSL Services for the first time. In addition, ATG/eSL also collects information about your use of the ATG/eSL Services as a registered user.
Most ATG/eSL Sites have their own pages where you can manage certain portions of your Registration Data and Profile Data relevant to that specific ATG/eSL Site.
Use of Information
Customize, measure, and improve the ATG/eSL Services, and the Content and advertising provided through them;
Enforce our Terms of Service and detect fraud and other illegal activities;
Bill and collect for any applicable fees or charges;
Let you know about new products or services from ATG/eSL or other companies we work with as well as promotional offers, based on your preference settings;
Update any programs or other tools that we provide in conjunction with the ATG/eSL Services.
ATG/eSL may use web Log Data, Preferences Data, and Your Data in these forms for internal business purposes, such as determining how much traffic certain portions of the ATG/eSL Services receive, for license reporting and assessment of service levels, to better understand how the ATG/eSL Services are used, to gauge traffic patterns and determine the level of interest in specific Content and Services, or determine which search queries on certain ATG/eSL Services are the most searched.
ATG/eSL may also use web Log Data, Preferences Data, and Your Data to customize the ATG/eSL Sites and Services and make them more relevant to you. For example, ATG/eSL may use such data to determine which news articles, content channels, blogs, podcasts, book recommendations, webinars or other content or features may be of interest to you.
ATG/eSL may use your Registration Data to verify that you are the person authorized to use the ATG/eSL Services or to manage your account.
Communicating With You
ATG/eSL will use your Registration Data to send you a confirmation e-mail verifying the ownership of the e-mail addresses provided in your Registration Data and to send you service-related communications about the ATG/eSL Services. In addition, ATG/eSL may send you promotional or commercial e-mail relating to each ATG/eSL Site or feature for which you have activated your account as permitted by applicable law. you can opt-out from receiving such promotional or commercial e-mail by following the instructions contained in the e-mails.
Non-members may elect to permanently opt-out from receiving invite requests from members to join ATG/eSL. When you register for permanent opt-out, you provide us with a validated e-mail address at which you no longer wish to receive ATG/eSL invite requests. ATG/eSL may send you an opt-opt confirmation e-mail to the address you enter. If you are sent an opt-out confirmation e-mail, you must respond to that e-mail to complete the opt-out process.
ATG/eSL uses industry standard approaches to securely store, control access to, and make appropriate use of your Data, and we require our contractors and other providers to do so as well. However, no security measure is completely effective and ATG/eSL cannot guarantee the complete security of your Data. If you don't want ATG/eSL to know any particular information about you, you should not register to use the ATG/eSL Services or include it in anything that you submit or post to ATG/eSL, including posts on the ATG/eSL Sites or e-mails to ATG/eSL.
As an additional security precaution, neither ATG/eSL nor any of our authorized service providers will ask you for your ATG/eSL password in an e-mail, over the telephone, or in an online support forum or chat area. Do not give your ATG/eSL password to anyone in an e-mail, over the telephone, or in an online support area. Keep your password secure at all times.
Changes to your Profile
The following terms in this section apply only to your use of the ATG/eSL Service, and the ATG/eSL Network, (collectively the "ATG/eSL Offerings").
ATG/eSL uses your Data to enable you to use the ATG/eSL Offerings as follows.
Registration Data and Profile Data. The name you put in your Registration Data and the photo (if you have uploaded one) in your Profile Data will be displayed to members; and to non-members of the ATG/eSL Network if you choose to make the data publicly accessible. This is primarily so your friends, family or business colleagues can find you and connect with you. All users can control whether or not their names are listed in the ATG/eSL people search listings. you also control how all other information in your Registration Data and Profile Data is shared with others through your ATG/eSL privacy settings (for example, friends, family, business). You control whether or not you have a public profile. If you have a public profile you choose which information from your Registration Data and Profile Data is part of your public profile. Public profiles are viewable by any member or non-member of the ATG/eSL Network. Activity Data. You control with whom your Activity Data is shared. Once you share data with someone, however, you cannot control what those recipients do with your data.
Questions, complaints and concerns
If You have any privacy questions, complaints or concerns, please contact us:
Revised and Effective: February 20, 2013