THE DRAFT NETWORK – TERMS & CONDITIONS
The following constitutes the terms and conditions for use of the website (thedraftnetwork.com), as well as any related applications, interactive services, Premium Member services, and other websites operated by The Draft Network (collectively the “Services”). You agree that by accessing, joining, or using any or all Services you are entering into a legally binding contract (referred to herein as the “Terms & Conditions,” or the “Agreement”) with The Draft Network, LLC, a Florida limited liability company (referred to in this Agreement as “The Draft Network,” “Site,” “we,” “us,” or “our”). This site is fully controlled and operated by The Draft Network. We reserve the right, at our sole discretion, to change, modify or otherwise alter the Terms & Conditions at any time. Such changes and/or modification shall become effective immediately upon the posting thereof. Please review the Terms & Conditions periodically. Your continued use of the Services following the posting of changes and/or modifications will constitute your acceptance of the revised Terms & Conditions. If you wish to terminate this Agreement at any time you may do so by ceasing to access or use the Services. account if you are a Premium Member.
INTELLECTUAL PROPERTY RIGHTS
All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other material that is copyrightable or otherwise legally protectable elements of the Site, and the selection, sequence, “look and feel” and arrangements thereof, and trademarks, service marks and trade names (individually and collectively, the “Material”) are the property of The Draft Network and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
The Draft Network hereby grants you a non-exclusive, non-assignable and non-transferable license to use and display, for authorized uses, Material, including any files, codes, audio or images incorporated in or generated by the Site provided that you maintain (without alteration) all copyright and other notices contained therein. You further agree that where specifically noted on this Site (or in connection with any Material), you will use such Material, as the case may be, in accordance with such specific terms and instructions and in accordance with this Agreement. Unless you receive explicit written authorization by The Draft Network, you acknowledge and agree that you may not sublicense, sell, assign, lease, or otherwise transfer this license or Material and that no title to any Material has been or will be transferred to you from The Draft Network or any other person. Unless you receive the express prior written consent of The Draft Network, you shall not reproduce, modify, create derivative works from, display, frame perform, publish, distribute disseminate, transmit, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website). You further agree that you shall not disassemble, decompile, reverse engineer or otherwise modify software or material. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. All rights not expressly granted herein are reserved. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. We require users of our Services to respect our copyrights and other intellectual property rights.
YOUR DATA AND LICENSE TO THE DRAFT NETWORK
You must provide content in a manner consistent with any and all applicable laws and regulations. You understand and agree that The Draft Network may review and delete any personal information or profiles that, in the sole and absolute discretion of The Draft Network, violate the Terms & Conditions or which may be perceived, in the sole and absolute discretion of The Draft Network, as offensive, illegal, or that may violate the rights of, harm, or threaten other members or users of the Site.
USER REGISTRATION AND PASSWORDS
Use and/or membership in the Site and Services are void where prohibited. You are responsible for maintaining the confidentiality of your login ID and password (your “Registration”). You shall be responsible for all uses of your Registration, whether or not authorized by you. By using the Site and/or Services, you represent and warrant that all Registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the Site shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your membership is solely for your use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all content provided, published, or displayed through your account, including any email messages, and for your interactions with other members or users. Parents of children under the age of 13 who wish to allow their children access are required to provide their consent for any Registration. By creating such a Registration involving your child under the age of 13, you certify that you are at least 18 years old or that you are the parent or legal guardian of the child/children listed on the Registration. You alone control the account of your children for which you have registered and may choose, as you see fit, to give your child access to any areas of the Site related to the Registration, including email, message boards and other Registration related information. Please remember that the Site and Services are intended to apply to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether any of the Sites’ areas and/or Services are appropriate for your child. Please note that you as the legal guardian own the content in the user accounts.
PREMIUM MEMBERSHIP CANCELLATION AND REFUND POLICY
Payments for Premium Membership Services are non-refundable, including fees and other applicable charges to the extent allowed by applicable laws and regulations. If you cancel your Premium Membership Services all of the features, options, and services of your Premium Membership Services will expire at the end of your billing cycle and your account will revert to our basic model. To avoid getting charged for the next billing period you will need to cancel your Premium Membership Services at least one day prior to the next billing period. The billing period recurs on a monthly basis determined by the first day upon which you purchased your Premium Membership Services.
Click here to cancel your subscription to TDN Premium.
You may use this Site and the Services only for lawful and authorized purposes. You may not submit or transmit through the Site or Services (whether via message boards, comments, or otherwise) any material, or otherwise engage in any conduct, that:
1. Violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
2. Involves uploading posing, emailing, transmitting or otherwise making available any postings that you do not have a right to make available under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationship or under nondisclosure agreements);
3. Is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic, vulgar, profane, obscene, or transmits any information or data that The Draft Network, in its sole and absolute discretion, deems to be inappropriate for the Site or Services;
4. Victimizes, harasses, degrades, attacks, or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age, or disability;
5. Contains any unauthorized personally identifiable information, or other information which might be used to identify or locate a user;
6. Harms a minor in any way;
7. Impersonates any person, business, or entity, including The Draft Network or its employees and agents or any forum leader, guide, or host, or in any way falsely states or misrepresents your affiliation with a person or entity;
8. Involves forging headers or otherwise manipulating identifiers to disguise the origin of any postings transmitted through this Site or Services;
9. Contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
10. Disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
11. Instigates or encourages others to commit illegal activities or cause injury or property damage to any person;
13. Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
14. Is intended to promote and/or generate revenue for any third-party business activity; or
15. Violates this Agreement or any of the guidelines or policies posted on the Site or Services.
The Draft Network discourages the use of profanity or obscenities in Postings and any Postings containing prohibited language will not be posted on the Site or Services. For purposes of clarity, masked vulgarity, obscenity, or profanity (e.g., “f*%K”) is deemed to be equivalent to including the actual objectionable word, phrase, or symbol in your posting, message, or otherwise on the Site or Services. The Draft Network reserves the right to delete any such material from the Site or Services and to investigate any person or persons who violate this Agreement. You may not use the Site or Services in any manner that could damage, disable, overburden, or impair our servers or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement. These provisions shall survive termination of the Agreement.
The Draft Network reserves the right to limit, restrict, suspend, or terminate your use of the Site or Services if we believe you are in violation of the Terms & Conditions or otherwise using the Site or Services in an inappropriate manner, as determined in the sole and absolute discretion of The Draft Network.
DISCLAIMER AND LIMITATION OF LIABILITY
This Site and the Services and all materials contained on them are distributed and transmitted on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose. The Draft Network does not warrant that this Site or the Services will be uninterrupted or secure, or that this Site or the Services will be free of viruses or other harmful components. The Draft Network is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or the Services or with respect to the information and material contained on this Site or the Services. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any material shall be your sole responsibility. The Draft Network is under no obligation to store or maintain any information or content that you provide via the Site or Services and is under no obligation to provide you with the same once deleted or removed from the Site or Services. These provisions shall survive termination of the Agreement.
To the fullest extent permissible pursuant to applicable law and regulations, The Draft Network, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Site and Services will not be liable for damages of any kind including, without limitation, compensatory, consequential, incidental, indirect, special, or similar damages, that may result from the use of, or the inability to use, the materials contained on this Site and the Services whether the material is provided or otherwise supplied by The Draft Network or any third-party. These provisions shall survive termination of the Agreement.
(Effective as of January 1, 2020)
POLICY FOR PROCESSING OF PERSONAL DATA
As required by the General Data Protection Regulation of the European Union (GDPR 2019/678, Article 13), before proceeding with processing, the interested party (User of the website Draft Network) is informed that personal data collected through the website is subject to processing by the Company through IT and/or telematics tools, for the purposes indicated in this policy.
1.1 We regret that if there is one or more points below with which you are not happy or otherwise disagree, your only recourse is to leave our website immediately.
1.2 The Draft Network takes seriously the protection of your privacy and confidentiality. We understand that all visitors to the Site and users of our Services are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third-party.
1.3 The Draft Network undertakes to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.
1.4 The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data.
1.5 Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
2. GENERAL INFORMATION
2.1 By using the Services, subscribing to the newsletter, submitting a complaint, withdrawing from the Services or simply contacting us, you provide us your personal data and we guarantee that your data will remain confidential, secure and will not be available to any third-party without your permission.
2.2 We entrust the processing of personal data only to verified and trusted entities providing services related to the processing of personal data.
2.3 We use the services of Google Analytics which collects information about your website visits, such as the subpages that you have viewed, the time you spent on the website, and the transitions between individual subpages. For this purpose, cookies files are used for the Google Analytics service. As part of the mechanism for managing cookie settings, you have the option of deciding whether we will be able to use marketing functions or not as part of the Google Analytics service.
2.4 We use our own cookies for the proper functioning of the site.
3. LEGAL BASIS AND PURPOSE OF PROCESSING
The personal data provided by you when browsing the Site or using the Services are processed by the Data Controller in accordance with the current regulations for the protection of personal data.
The legal basis of the processing is identified in the provision of its services by the Company, in the management and facilitation of the Site and Services, as well as in the establishment, execution and possible termination of online sales contract concluded between the parties, and in the obligations of the same contract connected either directly and/or indirectly deriving from it.
4. SUBSCRIPTION TO THE DRAFT NETWORK NEWSLETTER
In the case that you decide to subscribe to our Newsletter”, only after your express and specific consent, your personal data will be processed by the Data Controller for sending of commercial or promotional communications, and relative updates. To unsubscribe from the newsletter simply click on the unsubscribe link at the bottom of the emails received or by writing to [email protected]
5. ONLINE ACTIVITIES
The personal data you provide will be used for making the Site available to you; arranging access to your account; providing customer service; responding to your inquiries; completing your payments and transactions; and in conjunction with Google Analytics services discussed above.
6. HOW WE USE YOUR PERSONAL DATA
In this Section we have set out:
(a) the general categories of personal data that we may process;
(b) the purposes for which we may process personal data; and
(c) the legal bases of the processing.
6.1 We may process data about your use of our website and services (“usage data”). The usage data may include: your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency, and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analyzing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
6.2 We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data”). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
6.3 We may process any of your personal data identified in this policy where necessary for the establishment, exercise, or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights, and the legal rights of others.
6.4 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
6.5 In addition to the specific purposes of which we may process your personal data set out in this Section 6, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6.6 Please do not supply any other person’s personal data to us, unless we prompt you to do so.
7. INFORMATION RELATING TO YOUR METHOD OF PAYMENT
The Draft Network does not store information about your debit or credit card or other means of payment when you first provide it to us. The Draft Network stores this payment information only upon your request in order to make repeat purchasing of goods and services easier next time you visit our website.
8. EMAIL POLICIES
We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and we will not provide your personal information to any third-party individual, government agency, or company at any time unless strictly compelled to do so by law.
We will use your e-mail address solely to provide timely information related to the Services.
We will maintain the information you send via e-mail in accordance with applicable laws and regulations.
9. WE DO NOT SELL, RENT OR LEASE CUSTOMER LISTS TO THIRD PARTIES
The Draft Network may from time to time contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to the third-party. The Draft Network may share data with trusted partners to help perform statistical analysis, send you email or postal mail; provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to The Draft Network, and they are required to maintain the confidentiality of your information.
The Draft Network will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on The Draft Network; (b) protect and defend the rights or property of Draft Network; or (c) act under exigent circumstances to protect the personal safety of users of The Draft Network, or the public.
10. DATA UNDER EU GDPR COMPLIANCE
Here at The Draft Network we respect and value the right to privacy. We are also consumers and know that it is our responsibility to build a company that protects consumer privacy. Our services are designed to protect privacy and personal data of consumers. Draft Network is considered a “data processor” under the guidelines of the GDPR. Our customers are primarily considered to be “data controllers”, and are responsible for meeting additional privacy or consent gathering requirements for their individual use case.
11. INFORMATION WE PROCESS BECAUSE WE HAVE A CONTRACTUAL OBLIGATION WITH YOU
When you create an account or otherwise use the Site or Services, you agree to our Terms & Conditions, a contract is formed between you and us. In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.
We may use it in order to:
(a) verify your identity for security purposes;
(b) provide you with our services; or
(c) provide you with suggestions and advice on services and how to obtain the most from using our website.
Draft Network processes this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.
Draft Network shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
12. INFORMATION WE PROCESS WITH YOUR CONSENT
Through certain actions between us, such as when you browse our website or ask us to provide you more information about our Services, you provide your consent to us to process information that may be personal information.
12.2 Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.
12.3 Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. The Draft Network may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.
12.4 If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.
The Draft Network continues to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists. You may withdraw your consent at any time by instructing us directly ([email protected]). However, if you do so, you may not be able to use our website or our services further.
13. INFORMATION WE PROCESS FOR THE PURPOSES OF LEGITIMATE INTERESTS
The Draft Network may process information on the basis that there is a legitimate interest, either to you or to us, of doing so. When we process your information on this basis, we do so having given careful consideration to:
13.1 whether the same objective could be achieved through other means;
13.2 whether processing (or not processing) might cause you harm;
13.3 whether you would expect us to process your data, and whether you would consider it reasonable to do so.
For example, we may process your data on this basis for the purposes of:
13.4 record-keeping for the proper and necessary administration of our Site or business.
13.5 responding to unsolicited communication from you to which we believe you would expect a response.
13.6 protecting and asserting the legal rights of any party.
13.7 Insuring against or obtaining professional advice that is required to manage business risk.
13.8 protecting your interests where we believe we have a duty to do so
14. HOW WE SHARE INFORMATION
We may share your information, including personal information, as follows:
14.1 Service Providers. We may disclose the information we collect to third party vendor, service providers, contractors or agents who perform functions on our behalf.
14.2 Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected to the other company.
14.3 In Response to Legal Process. We also may disclose the information we collect from in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
15. COOKIES POLICY
Cookies are pieces of information that a website transfers to an individual’s computer hard drive for record keeping purposes. Cookies make using our Site easier by, among other things, saving your passwords and preferences for you. These cookies are restricted for use only on our Site, and do not transfer any personal information to any other party.
Most browsers are initially set up to accept cookies. You can, however, reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the Site may not function properly or may be considerably slower.
16.1 To track how you use our website.
16.2 To record whether you have seen specific messages we display on our website.
16.3 To keep you signed in our site.
16.4 To record the conversation thread during a live chat with our support team.
17. MANAGING COOKIES
Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You should enquire with your particular browser site to obtain information on blocking and deleting cookies.
18. PERSONAL IDENTIFIERS FROM YOUR BROWSING ACTIVITY
Information about your computer hardware and software may be automatically collected by The Draft Network. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the Services, to maintain quality of the service, and to provide general statistics regarding use of The Draft Network website.
Requests by your web browser to our servers for web pages and other content on our website are recorded. The Draft Network records information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.
The Draft Network uses this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.
If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.
19. OUR USE OF RE-MARKETING
The Draft Network may engagement in re-marketing. Re-marketing involves placing a cookie on your computer when you browse our website in order to be able to serve to you an advertisement for our products or services when you visit some other website.
20. HOW WE USE YOUR INFORMATION GOT FROM COOKIES
Draft Network uses your information in order to:
20.1 To help us identify you and any account you hold with us;
20.2 To inform you about services and/or events which we feel may interest you where you have assented to be contacted for such purposes;
20.3 To enable us to evaluate, improve and develop our website and its services;
20.4 To inform you about changes to our website and services;
20.5 To customize your experience;
20.6 To troubleshoot problems and resolve disputes; and
20.7 To discover and defend ourselves against error, fraud and other reprehensible activities.
21. THIRD PARTY ADVERTISING ON OUR WEBSITE
Third-parties may advertise on our website. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects information about you when their advertisement is displayed on our website.
The Draft Network does not have control over these technologies or the data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third-parties.
22. THIRD PARTY ANALYTICS
We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site and, to the extent permitted, our Services. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance and user experiences. These entities may use tracking technologies to perform their services.
23. REMOVAL OF YOUR INFORMATION
Note: This may limit the service we can provide to you.
24. RETENTION PERIOD FOR PERSONAL DATA
Except as otherwise mentioned in this privacy notice, The Draft Network keeps your personal information only for as long as required by us:
24.1 To provide you with the services you have requested;
24.2 To comply with other law, including for the period demanded by our tax authorities; and
24.3 To support a claim or defense in court.
25. SECURITY OF YOUR PERSONAL INFORMATION
Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk. Some of the information you may enter on our website may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. The Draft Network may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
For site security purposes and to ensure that this service remains available to all users, uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
26. COMPLIANCE WITH THE LAW