Terms and Conditions
Welcome to the pooksbootsandjesus.com website and related sites (collectively, the “Sites”). No portion of the Sites may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Pooks, Boots and Jesus, LLC (“PBJ,” “we,” “us” or “our”).
By accessing the Sites, you signify that you have read these terms and conditions (these “Terms”) and agree to be bound by and comply with them. If you do not agree to be bound by these Terms, please promptly exit all of the Sites. PBJ reserves the right to modify these Terms at any time and will publish notice of any such modification on the Sites or elsewhere online. By continuing to access the Sites after notice of such modifications, you signify your agreement to be bound by the modifications.
Additional terms may apply to your use of certain services or certain portions of the Sites. We will provide these terms to you or post them on the Sites to which they apply, and they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular portion of the Sites, the additional terms will control.
Sweepstakes, contests, and promotions on the Sites may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions. You are responsible or complying with these rules and requirements.
The Sites are licensed, not sold. These Terms grant you limited right to use the Sites and their components installed on and/or accessed through computer equipment for your personal use. The licenses granted for use of the Sites may only be used by the people indicated on such individual Site.
The licenses granted for the use of certain of the Sites may also contain limitations, such as limits as to the number of records that may be downloaded, all as set by PBJ in its sole discretion. You agree to be bound by the requirements set forth by PBJ for any such portion of the Sites.
Compliance with Law and Regulations
You may use the Sites for lawful purposes only. You may not use the Sites to post, transmit, or otherwise distribute unlawful material. Examples of unlawful material include, without limitation, threats of physical harm, defamatory statements, and pornographic material, as well as trademarks and copyrighted and other proprietary material used without proper authorization. You may not attempt to use or distribute tools designed for compromising security or take any action to compromise the security of the Sites. Examples of these tools include, without limitation, password guessing programs, cracking tools, or network probing tools. You may not “flood” or disrupt the Sites through any means or process.
You also acknowledge and agree that you are knowledgeable about the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act (“TCPA”), and other government regulations related to unsolicited messages, and you are in full compliance with all such laws and regulations. Without limiting the foregoing, you agree that any users of the Sites may remove themselves from any of your communications lists, and that you will immediately unsubscribe any user that requests it. You are responsible for maintaining and honoring the list of unsubscribe requests following termination of your PBJ account and these Terms. You further agree that you shall not utilize the Sites to send any message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting.
In order to access some features of the Sites, you may have to create an account. You may never use another person or organization’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify PBJ immediately of any breach of security or unauthorized use of your account. You may be held liable for any losses of PBJ or others due to such unauthorized use. We are not responsible for any loss or damage resulting from unauthorized use.
Use of the Sites
You agree that you will not:
- Use the Sites in any way that may lead to the encouragement, procurement or carrying out of any illegal or criminal activity;
- Sell, license, share, rent or otherwise disclose any information from the Sites to any third party;
- Obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites;
- Penetrate, or attempt to penetrate, the security measures protecting the Sites, including without limitation, by spidering, hacking, password “mining,” “scraping,” or using any automated systems, or through any other illegitimate means;
- Probe, scan or test the vulnerability or security of the Sites; or
- Intentionally disrupt the operation or functionality of the Sites.
You further agree that you will not use the Sites:
- In any way that violates any applicable federal, state, local or international law or regulation, including without limitation, any laws regarding the exporting of data or software to and from the United States or other countries;
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- To deceive any person;
- To cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- To give the impression that any communication emanates from or is endorsed by PBJ or any other person or entity, if this is not the case;
- To transmit, or procure the sending of, any advertising or promotional material without the prior written consent of PBJ, including any “junk mail,” “chain letters” or “spam” or any similar solicitation;
- To impersonate or attempt to impersonate PBJ, a PBJ employee, another user or any other person or entity (including without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by PBJ, may harm PBJ or users of the Sites or expose them to liability.
Copyright Ownership and License
The Sites are owned and operated by PBJ. PBJ and/or its subsidiaries, affiliated companies, distributors, vendors, contractors, licensors and/or licensees (collectively “PBJ Parties”) own the copyright in all elements of the Sites and all related intellectual property rights, including without limitation, all trademark rights, patent rights and moral rights. The Sites, including all of the software and code comprising or used to operate the Sites, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-visual clips, and other materials available on the Sites, including, without limitation, content submitted by users of the Sites (collectively, “Content”) are protected under applicable intellectual property and other laws, including, without limitation, the laws of the United States and other countries.
The presence of any Content on the Sites does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through the Sites. Except as otherwise provided herein, none of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission of PBJ.
You must obtain our written permission for commercial use of the Content or the Sites. If you wish to license Content from the Site, please contact PBJ.
Informational Purposes Only
The information on the Site is for informational purposes only.
You acknowledge and agree that your access to and your access to and use of the Sites, the Content and the services provided through the Sites are valuable benefits that you receive by agreeing to and complying with these Terms.
The logo, name and all graphics on the Sites are trademarks of PBJ or its affiliates and licensors. Use, reproduction, copying or redistribution of trademarks without the written permission of PBJ or its affiliates or licensors is strictly prohibited.
Responsibility for User Generated Content
In these Terms, “User Generated Content” refers to all of the text, photographs, images, personal information, illustrations, graphics, sounds, video, audio-visual clips, and other content you post on or through the Sites, and other content you or other users of the Sites post on or through the Sites.
We do not ask for nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Sites, by e-mail or in any other way. If you post, upload, transmit or submit any User Generated Content, you represent and warrant that the User Generated Content submitted by you is original to you, that no other party has any rights thereto, and that any “moral rights” in the User Generated Content have been waived.
You are solely responsible for User Generated Content you post on the Sites. Under no circumstances will PBJ be liable in any way for any User Generated Content posted to the Sites. Such User Generated Content may be posted on or accessed through the Sites in the sole discretion of PBJ.
Because PBJ does not control the User Generated Content posted on the Sites, it cannot and does not warrant or guarantee the accuracy, truthfulness, integrity, suitability, or quality of the User Generated Content. You also agree and understand that by accessing the Sites, you may encounter User Generated Content that you may consider to be objectionable. PBJ has no responsibility for any User Generated Content, including, without limitation, any errors or omissions therein. PBJ is not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User Generated Content. The communications posted on the Sites express the personal opinions of the individuals who posted them and do not necessarily reflect the views of PBJ or any person or entity associated with PBJ.
You continue to own the copyright in any original work you post on or through the Sites. PBJ does not claim any copyrights in User Generated Content created and posted by individual visitors to the Sites. However, by uploading, posting, transmitting or otherwise making any User Generated Content available on or through the Sites, you grant PBJ and its subsidiaries, affiliates, successors and assigns, a nonexclusive, fully-paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize that User Generated Content in any and all media or form of communication, whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, PBJ asks that you do not post any User Generated Content that you do not wish to license to PBJ, including any confidential information or product ideas.
PBJ reserves certain rights related to User Generated Content, including, without limitation, the following:
- The right to monitor all User Generated Content;
- The right to require that you avoid certain subjects, if we believe that doing so will help ensure compliance with applicable laws and regulations;
- The right to remove any User Generated Content at any time, without notice, at the sole and absolute discretion of PBJ;
- The right to disclose any User Generated Content and the identity of the user who posted or transmitted such User Generated Content in response to a subpoena or whenever PBJ believes that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of PBJ or others, or to enforce these Terms; and
- The right to terminate your access to and use of any of the Sites, or to censor, edit or block your transmissions thereto in the sole and absolute discretion of PBJ.
The exercise of any of the above rights shall not render PBJ the owners of User Generated Content, and the user who makes such User Generated Content available on the Sites will retain ownership thereof as described above. We cannot be responsible for maintaining any User Generated Content that you provide to us, and we may delete or destroy any User Generated Content at any time.
The Sites are not intended for children or minors under the age of thirteen years without the permission of a parent or guardian.
Links to Other Sites
The Sites include hyperlinks to sites maintained or controlled by others. PBJ is not responsible for and does not routinely screen, approve, review, or endorse the contents of or use any of the products or services that may be offered at this or any other website. We advise you to review the individual privacy policies of the respective sites.
Additional Terms May Apply
In addition to these Terms, PBJ may require you to follow additional rules, guidelines or other conditions to sign up to use various special features or password-protected areas of the Sites, to participate in certain activities available through the Sites, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms, for example, by a “click-through” agreement.
Disclaimer of Warranties and Liability
Although PBJ uses reasonable efforts to include accurate and up-to-date Content on the Sites, PBJ makes no warranties or representations as to its accuracy.
THE SITES ARE PROVIDED BY PBJ ON AN “AS IS” BASIS. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES. PBJ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PBJ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THESE SERVICES AND INFORMATION ARE PROVIDED WITHOUT IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PBJ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM THE USE OF OR INABILITY TO USE THE SITES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PBJ OR ITS AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT A COURT FINDS PBJ OR ANY THIRD PARTIES MENTIONED ON THE SITES LIABLE IN ANY MANNER FOR ANY USE OF THE SITES, PBJ OR ANY THIRD PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED $1,000. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.
NONE OF PBJ OR ITS AFFILIATES WILL BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.
Without limiting the foregoing, PBJ and its affiliates make no representations or warranties about (a) the accuracy, reliability, completeness, currentness, or timeliness of the Content on the Sites, (b) errors, omissions, or inaccuracies in any Content on the Sites, and (c) time delays between changes in information and the corresponding update of the Content on the Sites.
you acknowledge and agree that if you incur any damages that arise out of PBJ’s acts or omissions, the damages, if any, are not irreparable and are not sufficient to entitle you to an injunction or other equitable relief restricting operation of the Sites or any other service, property, product, program, or other content owned or controlled by PBJ or its affiliates.
Actions on Complaints
PBJ reserves the right to investigate suspected violations of these Terms. If it becomes aware of possible violations, it may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material. PBJ may suspend the provision of services, temporarily or permanently remove the material involved from the Sites, cancel posts, provide warnings to you, or suspend or terminate your access to the Sites. PBJ will determine what action will be taken in response to a violation on a case-by-case basis, at its sole and absolute discretion. PBJ will fully cooperate with law enforcement authorities in investigation suspected lawbreakers.
PBJ respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement and is located on the Sites, please provide PBJ’s copyright agent with 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;
- The location of the material that you claim is infringing on the Sites;
- Your address, telephone number and email address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
PBJ’s copyright agent for notice of claims of copyright infringement on the Sites can be reached as follows:
Pooks, Boots and Jesus, LLC
P.O. Box 63441
Colorado Springs, CO 80962
You agree to indemnify and hold PBJ and its affiliates harmless from any claims, losses, or damages, including reasonable attorneys’ fees, resulting from your violation of these Terms, and to fully cooperate in the defense by PBJ and its affiliates against any such claims. Without limitation, you agree to defend PBJ and its affiliates from and against any and all claims, actions, or demands brought by or against PBJ or its affiliates alleging (a) infringement or misappropriation of any intellectual property rights, (b) defamation, libel, slander, obscenity, pornography or violation of the rights of privacy and publicity, or (c) spamming or any other offensive, harassing, or illegal conduct or violation of these Terms. You agree to indemnify PBJ and its affiliates from and against all damages, costs, and fees awarded in favor of third parties, and you will indemnify and hold PBJ and its affiliates harmless against any and all claims, demands, liabilities, losses, damages, expenses and costs (including reasonably attorneys’ fees) (collectively, “Losses”) suffered by PBJ or its affiliates which Losses result from or arise out of the above claims.
You may use the Sites only when given permission by PBJ. Even if your use is not blocked, you must stop using the Sites and accessing the Content upon termination of such permission. Without prejudice to any other rights it may have, PBJ may terminate your license if you fail to comply with these Terms or the terms and conditions of any other agreement you may have with PBJ or other organization with a license from PBJ to use the Sites. Upon termination of your access, you may no longer access or use the Sites or the Content regardless of whether they remain installed on your computer.
You agree that PBJ may assign any of its rights and/or transfer, subcontract or delegate any of its obligations under these Terms. These Terms are personal to you and you may not transfer or assign them to a third party.
These Terms will be governed under the laws of the State of Colorado without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms will be venued exclusively in the state courts located in El Paso County, Colorado, or the United States District Court for the District of Colorado located in Denver, Colorado. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, PBJ reserves the right to bring legal proceedings in any jurisdiction where it believes that infringement of these Terms is taking place or originating.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and remaining provisions of these Terms will remain in full force and effect.
If you do not agree to these Terms, you should immediately stop using the Sites. If you want to delete your account on the Site, please use contact instructions posted on the Sites at which you obtained the account.
Any rights not expressly granted in these Terms are reserved to PBJ.
POOKS, BOOTS & JESUS
Amendments to this Policy will be posted on the Site and will be effective when posted. Your continued use of the Site following the posting of any amendment will constitute your acceptance of that amendment.
If you have questions or concerns regarding this Policy, you should contact PBJ at firstname.lastname@example.org or by phone at (719) 299-5050.
- PERSONALLY IDENTIFIABLE INFORMATION.
- We only collect and share personally identifiable information regarding users of the Site as described in this Policy. Except as noted in this Policy, personally identifiable information collected on the Site is not shared with third parties without your consent.
- We may automatically collect personally identifiable information from you when you access the Site. We may also collect personally identifiable information from you through a number of voluntary sources on the Site, such as responses, registrations, reviews, comments, e-mails, postings, messages, photos or other electronic submissions and communications sent by you to PBJ or the Site. The personally identifiable information we may collect from you includes, without limitation: domain name and IP address; e-mail address; contact information (including name, address, zip code, and phone numbers); age and date of birth; gender; employment, biographical, and education information; location information, including location information provided by a mobile device or associated with your IP address; user-specific and aggregate information on areas of the Site accessed; username and password information for the Site; payment and identity verification information, such as credit card number, social security number or comparable national identifiers, and drivers’ license number where needed for payment, to complete a particular transaction, or to access a particular service; contact information about others when you provide information about others or refer a friend to the Site or any other service of PBJ; and other information volunteered by you.
- We may also collect information about you from third parties, including without limitation, publicly available sources and other third parties. We also collect information when you interact with PBJ through various media, including without limitation, social media.
- PBJ will be the data controller for your information. The personally identifiable information that PBJ collects from users of the Site (both registered and unregistered) may be used for a variety of purposes; for example, to provide the services and products offered through the Site to users of the Site, to customize advertising and other content displayed on the Site and/or the layout of the Site for each individual user of the Site, to notify users of the Site about updates to and activities on the Site and about goods and services that we feel may be of interest to you, to improve the content of the Site, to analyze data and patterns regarding usage of the Site, to contact users of the Site for marketing purposes, and to contact users of the Site for information verification purposes.
- We may share certain personally identifiable information with third party advertisement serving companies to better target the advertising and other content displayed on the Site and provide pertinent offers we think may be of interest to users. In addition, third party advertisers may receive certain personally identifiable information about you if you click on advertisements or company names displayed on the Site (and clicking on any advertisement or company name displayed on the Site will be considered your consent to “opt in” for this transfer).
- DISCLOSURE OF INFORMATION.
- With your consent, we may share your contact information with third party marketing partners. For example, we may offer access to relevant services if you allow your information to be shared with third parties so that they can contact you by e-mail, telephone, postal mail or other common communication methods about their products or services.
- We share your contact information with third party vendors who help us with specialized services, including customer support, e-mail and text message deployment, business analytics, marketing, suppression list management and data processing. These third parties are allowed to use your contact information to help us provide our services and not for any other purpose.
- When you choose to enter a sweepstakes, contest, or other promotion, and in accordance with the terms and conditions of the promotions, your information may be disclosed to our sponsors and third parties who help design, administer and implement the promotion, including in connection with winner selection, prize fulfillment and aggregated data analysis. Your information also may be disclosed as required by law, such as on a winners list. Further, by entering a promotion, you are agreeing to the official rules that govern that promotion, including allowing our sponsors to use your name, voice, and likeness in advertising and marketing associated with the promotion in accordance with applicable law. All terms applicable to the particular promotion will be made available to you at the time you enter the promotion.
- To the extent you upload your contact information, you are making the contact information and other personal information available to third parties who may be interested in contacting you (and who may forward your contact information to third parties), to search engines, or to the general public. If you do not want your personal information posted on the Site, you should not upload it.
- PBJ continues to expand its online presence in order to offer users rich and deep interactive experiences. Where permitted by law, we may share information we collect about you with any affiliate companies, so that we can provide you with information about products and services that might interest you.
- We may share your information in connection with a substantial business transaction, such as the sale of PBJ, a merger, consolidation, asset sale or in the unlikely event of bankruptcy.
- INTERACTIONS WITH OTHER USERS.
- You are solely responsible for interactions with other users of the Site that you contact or that contact you. Please note that there are risks, including without limitation, the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your profile or account or that you otherwise upload to the Site. Only list the contact information that you are comfortable disclosing to other users of the Site.
- Although PBJ requests that users maintain the confidentiality of the personal information they receive through the Site, PBJ cannot and does not guarantee that the information you provide to other users through the Site will be held in confidence or properly secured by each applicable user. In addition, PBJ takes no responsibility and assumes no liability for any information that any user posts, sends or provides via the Site. You agree that PBJ is not responsible or liable for the conduct of any other user.
- CHOICE AND OPT-OUT. We may provide you with a choice whether to receive certain e-mails. We provide you the opportunity to “opt-out” of having your personally identifiable information used for certain purposes. If you are a user of the Site and you no longer wish to receive e-mail, mail, or telephone calls from us or have your e-mail address or postal address shared with third parties, you may opt-out of receiving e-mail, mail, or telephone calls from us or having your e-mail address or postal address shared with third parties. All opt-out requests can be made by e-mailing us at email@example.com, or writing us at Pooks, Boots and Jesus, LLC, P.O. Box 63441, Colorado Springs, CO 80962.
- NON-PERSONALLY IDENTIFIABLE INFORMATION. Where possible, the PBJ server automatically recognizes each visitor’s Internet Protocol address. We also collect information about how visitors use the Site (for example, what pages are viewed). This information allows us to improve the content of the Site and facilitate market research.
- COOKIES, FLASH COOKIES, AND WEB BEACONS.
- A “cookie” is a piece of information that a web site or an app transfers to a user’s device for record-keeping purposes. As a user moves from one page or one screen to another, a cookie is used to tell us that it is the same device. A cookie does not collect or keep your name or other personally identifiable information; however, we may link the information obtained through cookies to other personally identifiable information to give us a better understanding of your preferences, so that we can provide a more meaningful experience to you on the Site. A “web beacon” is a one-pixel image (which may be visible or transparent), which may be embedded on a web page or e-mail message, and which may also provide us with information about usage of that page or e-mail message.
- OTHER WEBSITES; LINKS. Certain websites of PBJ’s affiliates, promotional partners, advertisers, sponsors, and other third-party websites are accessible through the Site. These third-party websites have their own privacy and data collection policies and practices. PBJ IS NOT RESPONSIBLE FOR ANY ACTIONS OR PRIVACY POLICIES OF SUCH THIRD PARTIES. YOU SHOULD CHECK THE APPLICABLE PRIVACY POLICIES OF THOSE THIRD PARTIES WHEN PROVIDING PERSONALLY IDENTIFIABLE INFORMATION THROUGH LINKED WEBSITES.
- CONSENT TO THE USE OF THIRD PARTY PROVIDERS. In addition to the specific third parties noted in this Policy, PBJ may also contract with other third parties to provide various services to PBJ relating to the Site on an outsourced basis rather than performing the services itself. By visiting the Site, all visitors consent to PBJ providing both personal and non-personal information received from those visitors to these third-party providers for the purpose of enabling the third-party provider to provide these outsourced services to PBJ. In addition, all visitors consent to the collection, maintenance, and processing of their personal and non-personal information by PBJ and these third-party providers.
- SECURITY. We will use commercially reasonable security measures on the Site to protect the loss, misuse, and alteration of the information under PBJ’s control. While there is no such thing as “perfect security” on the Internet, we will take commercially reasonable steps to insure the safety of your personal information. In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent you have given us your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notifications.
- TRANSFER OF DATA INTERNATIONALLY. PBJ is headquartered in the United States and may have affiliate offices and partners in other countries. Please be aware that information you provide to us or that we obtain as a result of your use of the Site may be collected in your country and subsequently transferred to the United States or another country in accordance with applicable law. The privacy and data protection laws in the country to which your information is transferred may not be equivalent to such laws in your country of residence. By using the Site or providing us with your information, you consent to the collection, international transfer, storage, and processing of your information.
- GENERAL. This Policy is governed by the internal substantive laws of the State of Colorado, without regard to its conflict of laws principles. Jurisdiction for any disputes, controversies, and claims arising under, in connection with, or out of this Policy shall lie exclusively with the state courts located in Colorado Springs, Colorado, or the federal courts located in Denver, Colorado. If any provision of this Policy is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Policy, which shall remain in full force and effect. UNDER NO CIRCUMSTANCES SHALL PBJ HAVE ANY LIABILITY WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF THIS POLICY, HOWEVER OCCASIONED.
POOKS, BOOTS AND JESUS
- INFORMATION WE COLLECT FROM CHILDREN, HOW WE USE IT, AND HOW AND WHEN WE COMMUNICATE WITH PARENTS. PBJ offers to its users a range of activities and services, some of which may collect information from children. Below, we summarize potential instances of collection and outline how and when we will provide parental notice and/or seek parental consent. In any instance that we collect personal information from a child, we will retain that information only so long as is reasonably necessary to fulfill the activity request or allow the child to continue to participate in the activity, and ensure the security of our users and our services, or as required by law. In the event we discover we have collected information from a child in a manner inconsistent with COPPA’s requirements, we will use commercially reasonable efforts to delete the information or immediately seek the parent’s consent for that collection.
- Registration. Children can, in many cases, register with the Site and applications to view content, play games, log information, input data, participate in contests, and engage in special features, among other things. During the registration process, we may ask the child to provide certain information for notification and security purposes, including a parent’s or guardian’s e-mail address, the child’s first name and gender, the child’s member or account username, and password. We also may ask for birth dates from children to validate their ages. Please note that children can choose whether to share their information with us, but certain features may not function without it. As a result, children may not be able to access certain features if required information has not been provided. We will not require a child to provide more information than is reasonably necessary in order to participate in an online activity.
Collection of parent e-mail addresses: Consistent with the requirements of COPPA, in any instance in which we ask for age and determine the user is a child, we will ask for a parent or guardian e-mail address before we collect any personal information from the child. If you believe your child is participating in an activity that collects personal information and you or another parent/guardian have NOT received an e-mail providing notice or seeking your consent, please feel free to contact us at firstname.lastname@example.org. We will not use parent e-mails provided for parental consent purposes to market to the parent, unless the parent has expressly opted in to e-mail marketing or has separately participated in an activity that allows for such e-mail contact.
- Content Generated by a Child. Certain activities on the Site and applications may allow children to create or manipulate content and save it with PBJ. Some of these activities do not require children to provide any personal information and therefore may not result in notice to the parent or require parental consent. If an activity potentially allows a child to insert personal information in their created content, we will either pre-screen the submission to delete any personal information, or we will seek verifiable parental consent by e-mail for the collection. Examples of created content that may include personal information are stories or other open-text fields, drawings that allow text or free-hand entry of information, or photo submissions. If, in addition to collecting content that includes personal information, PBJ also plans to post the content publicly or share it with a third party for the third party’s own use, we will obtain a higher level of parental consent.
About Verifiable Parental Consent:
E-mail Consent. In the event PBJ wishes to collect personal information from a child, COPPA requires that we first seek a parent or guardian’s consent by e-mail. In the e-mail we will explain what information we are collecting, how we plan to use it, how the parent can provide consent, and how the parent can revoke consent. If we do not receive parental consent within a reasonable time, we will delete the parent contact information and any other information collected from the child in connection with that activity.
High-Level Consent. In the event PBJ collects personal information from a child that will be posted publicly, we will seek a higher level of consent than e-mail consent. Such “high-level” methods of consent may include, without limitation, asking for a credit card or other payment method for verification (with a nominal charge potentially involved), speaking to a trained representative by telephone or video chat, requiring a signed consent form by mail, e-mail attachment, or fax, or checking a form of government-issued identification against databases of such information, provided that the parent’s identification shall be deleted promptly after such verification is complete. After providing high-level consent, a parent may have the opportunity to use a pin or password in future communications as a way to confirm the parent’s identity.
- Certain activities may allow users to communicate directly with other users by means of a chat system. We may employ live moderation and/or encourage other users to flag inappropriate communications to prevent the communication of both personal information and age-inappropriate words and phrases. We strongly encourage children who use these interactive features never to provide personal information about themselves or any third party, and certainly never to attempt to circumvent our moderation. We recommend that parents carefully supervise their children when the children participate in online activities.
- CONTESTS AND SWEEPSTAKES. For contests and sweepstakes, we typically require only the information necessary for a child to participate, such as first name (to distinguish among family members) and parent e-mail address (to notify the parent where required by law). We only contact the parent for more personalized information for prize-fulfillment purposes when the child wins the contest or sweepstakes. Of course, some contests and sweepstakes ask the child to submit their own created content along with the child’s entry. In those instances, we may require parental consent prior to submission. Notwithstanding the foregoing, we shall not condition a child’s participation in a contest or sweepstakes, the offering of a prize, or another activity on the child’s disclosing more personal information than is reasonably necessary to participate in such activity.
- E-MAIL CONTACT WITH A CHILD. On occasion, in order to respond to a question or request from a child, PBJ may need to ask for the child’s online contact information, such as an e-mail address. PBJ will delete this information immediately after responding to the question or request. In connection with certain activities or services, we may collect a child’s online contact information, such as an e-mail address, in order to communicate with the child more than once. In such instances, we will retain the child’s online contact information to honor the request and for no other purpose such as marketing. Whenever we collect a child’s online contact information for ongoing communications, we will simultaneously require a parent e-mail address in order to notify the parent about the collection and use of the child’s information, as well as to provide the parent an opportunity to prevent further contact with the child. On some occasions, a child may be engaged in more than one ongoing communication, and a parent may be required to “opt-out” of each communication individually.
- PERSISTENT IDENTIFIERS. When children interact with us, certain information may automatically be collected, both to make the Site and applications more interesting and useful and for various purposes related to PBJ. Examples include the type of computer operating system, the child’s IP address or mobile device identifier, the web browser, the frequency with which the child visits various parts of our Site or applications, and information regarding the online or mobile service provider. This information is collected using technologies such as cookies, flash cookies, web beacons, and other unique identifiers. This information may be collected by PBJ or by a third party. This data is principally used for internal purposes only, in order to:
- provide users with access to features and activities on our Site and applications
- customize content and improve our Site and applications
- conduct research and analysis to address the performance of our Site and applications
- generate anonymous reporting for use by PBJ
In the event we collect (or allow others to collect) such information from children on the Site and applications for other purposes, we will notify parents and obtain consent prior to such collection.
- WHEN INFORMATION COLLECTED FROM CHILDREN IS AVAILABLE TO OTHERS. In addition to those rare instances where a child’s personal information is posted publicly (after receiving high-level parental consent), we also may share or disclose personal information collected from children in a limited number of instances, including the following:
- We may share information with our service providers if necessary for them to perform a business, professional, or technology support function for us.
- We may disclose personal information if permitted or required by law, for example, in response to a court order or a subpoena. To the extent permitted by applicable law, we also may disclose personal information collected from children (a) in response to a law enforcement or public agency’s (including schools or children services) request; (b) if we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our Site or applications; (c) to protect the security or integrity of our Site, applications, and other technology, as well as the technology of our service providers; or (d) to enable us to take precautions against liability.
- PARENTAL RIGHT TO REVIEW PERSONAL INFORMATION OF CHILD. Upon request of a parent whose child has provided personal information, we will provide the following:
- A description of the specific types or categories of personal information collected from children by PBJ, such as name, address, telephone number, e-mail address, hobbies, and extracurricular activities;
- The opportunity at any time to refuse to permit our further use or future online collection of personal information from that child, and to direct us to delete the child’s personal information; and
- A means of reviewing any personal information collected from the child.
Prior to disclosing any such information, we shall use reasonable procedures to (a) ensure that the requestor is a parent or legal guardian of that child, and (b) not be unduly burdensome to the parent or guardian.
If a parent/guardian has refused to permit PBJ’s further use or collection of personal information from his or her child or has directed PBJ to delete the child’s personal information, we retain the right to terminate any services provided to such child.
- CONFIDENTIALITY, SECURITY AND INTEGRITY. We have established and will maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected from children. We will also take reasonable steps to release children’s personal information only to service providers and third parties who are capable of maintaining the confidentiality, security and integrity of such information, and who provide assurances that they will maintain the information in such a manner.
- PARENTAL CHOICES AND CONTROLS. At any time, parents can refuse to permit us to collect further personal information from their children, and can request that we delete from our records the personal information we have collected from their children. Inquiries may be directed to:
Pooks, Boots and Jesus, LLC
P.O. Box 63441
Colorado Springs, CO 80962
Phone: (719) 299-5050
In any correspondence such as e-mail or mail, please include the child’s name and/or username on the Site or application (if any) and the parent’s e-mail address and telephone number. To protect children’s privacy and security, we will take reasonable steps to help verify a parent’s identity before granting access to any personal information.