The Type of Information the Service Collects:
- Our servers may also automatically collect information about you, your online behavior and your computer, mobile or other device. The information collected may include, without limitation, the make, model, settings, specifications (e.g., CPU speed, connection speed, browser type, operating system, device identifier) and geographic location of you and/or your computer, mobile or other device, as well as date/time stamp, IP address, pages visited, time of visits, content viewed, ads viewed, the site(s), application(s), destination(s), and/or service(s) you arrived from, and other clickstream data.
- If you choose to access, visit and/or use any third party social networking service(s) that may be integrated with the Service, we may receive personally identifiable information and other information about you and your computer, mobile or other device that you have made available to those services, including information about your contacts on those services. For example, some social networking services allow you to push content from our Service to your contacts or to pull information about your contacts so you can connect with them on or through our Service. Some social networking services also will facilitate your registration for our Service or enhance or personalize your experience on our Service. Your decision to use a social networking service in connection with our Service is voluntary. However, you should make sure you are comfortable with the information your third party social networking services may make available to our Service by visiting those services’ privacy policies and/or modifying your privacy settings directly with those services. We reserve the right to use, transfer, assign, share, and provide access to all personally identifiable information and other information about you and your computer, mobile or other device that we receive through third-party social networking services in the same ways described in this Agreement as all of your other information.
How the Service Uses and Shares Information About You:
- We use personally identifiable information you supply through the Service to provide you with the merchandise, product, service, and/or content you have requested. For example, we may use your email and/or mailing address to send you a subscription confirmation notice. Similarly, if you enter an online sweepstakes, we will use this information to notify you if you are a winner. We may also use the information to communicate with you about new features, products or services, and/or to improve the services that we offer by tailoring them to your needs.
- We may also allow access to our database by third parties that provide us with services, such as technical maintenance, market research, community and forums management, but only for the purpose of and to the extent necessary to provide those services. And if you choose to purchase merchandise, products and/or services, including without limitation content, on or through features on the Service, we may forward your information to third parties for services such as credit card or other payment processing, order fulfillment, credit pre-authorization, and address verification. There are also times when you provide information about yourself to us in areas of the Service that may be managed or participated in by third parties. In such cases, the information may be used by us and by such third parties, each pursuant to its own policies. While we may seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, we do not bear any responsibility for any actions or policies of third parties.
- We reserve the right to access, use, and share with others your personally identifiable information for purposes of health, safety and other matters in the public interest.
- We may also provide access to our database in order to cooperate with official investigations or legal proceedings initiated by governmental and/or law enforcement officials, as well as private parties, including, for example, in response to subpoenas, search warrants, court orders, or other legal process.
- In addition, we reserve the right to use the information we collect about your computer, mobile or other device (including its geographic location), which may at times be able to identify you, for any lawful business purpose, including without limitation to help diagnose problems with our servers, to gather broad demographic information, analyze trends, track users’ movements around the Service, and to otherwise administer the Service. Geographic location information about you and/or your computer, mobile or other device may specifically be used to show you content and sponsored messaging based on geographic location.
- We reserve the right to use, transfer, sell, and share aggregated, anonymous data about our users as a group for any lawful business purpose, such as analyzing usage trends and seeking compatible advertisers, sponsors, clients and customers.
- In addition, as our business changes, we may buy or sell various assets. In the event all or a portion of the assets owned or controlled by us, our parent or any subsidiary or affiliated entity are sold, assigned, transferred or acquired by another company, the information from and/or about our Service users may be among the transferred assets.
- We reserve the right to identify you from your registration information and/or to merge or co-mingle anonymous or non-personally identifiable data about you, your offline and online behavior, and/or your computer, mobile or other device (including its geographic location), with your registration information and/or other personally identifiable data for any lawful business purpose.
Local Device Storage and Other Tracking Technologies:
- The Service may place and/or store code or other types of information and/or devices (e.g., “cookies”) on your computer, mobile or other device (“Local Device Storage”). We may use Local Device Storage for any lawful business purpose, including without limitation to determine which of our messages have been opened by recipients so we can gauge the effectiveness of marketing campaigns, to track usage patterns, the movements of individual users, and your geographic location, to help diagnose problems with our servers, to gather broad demographic information, to analyze trends, to conduct research, to deliver editorial content, to record registration and personalization information, and to otherwise administer the Service. For example, if you register on any part of the Service and are given the option to save your user name and password, we may provide this convenience to you via Local Device Storage. Local Device Storage may also collect and store your personally identifiable information, which may be shared with our parent, subsidiaries, and affiliates and other companies.
- If you do not want Local Device Storage, your computer, mobile or other device may include an option that allows you to not accept it. However, if you disable Local Device Storage, some portions of the Service may not function properly.
- In addition to Local Device Storage, we may use web beacons, web bugs, clear gifs, and similar technologies (collectively, together with Local Device Storage, the “Tracking Technologies”). We use Tracking Technologies for all or some of the same lawful business purposes we describe above for use of Local Device Storage.
How to Opt-Out of Third Party Tracking Technologies:
Transfer of Information:
Information Security and Notification:
- Because no data transmission is completely secure, and no system of physical or electronic security is impenetrable, we cannot guarantee the security of the information you send to us or the security of our servers, networks or databases, and by using the Service you agree to assume all risk in connection with the information sent to us or collected by us when you access, visit and/or use the Service, including without limitation your personally identifiable information or other registration information, and we are not responsible for any loss of such information or the consequences thereof.
- Moreover, if you elect to store information, such as your personally identifiable information or other registration information, where others may access it, we are not responsible for any loss of such information or the consequences thereof. If you lose a computer, mobile or other device, or it is stolen, that contains your personally identifiable information or other registration information, it is up to you to take all the steps necessary to protect yourself.
- In the unlikely event that we believe that the security of your information in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate, we may notify you via your computer, mobile or other device.
Kids and Parents:
- No one under age 13 is allowed to register for the Service or provide any personally identifiable information or use our social, community and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, personal/job search and other classified ads, and elsewhere. Minors between the ages of 13 and 17, inclusive, must get the permission of their parent(s) or legal guardian(s) before making purchases, including subscriptions, on this Service.
- If your children disclose information about themselves in publicly accessible areas of the Service, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so.
Nickel City Sound & Media
678 Main Street, Buffalo, NY 14202
Additionally, you may click here to be removed from our promotional mailing lists. If you opt-out of promotional mailings from Nickel City Sound & Media, you may continue to receive certain communications from us, such as transactional or relationship messages, and/or messages about your account/profile.
Copyright © Nickel City Sound & Media. All rights reserved.
Agreement with Terms and Conditions
678main.com (“Website”) contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, portions of which are owned and copyrighted by Nickel City Sound & Media, portions of which are owned and copyrighted by the Research Foundation of State University of New York, and portions of which are owned and copyrighted by other parties. This agreement sets forth the terms and conditions that apply to the use of the Website by you (“Visitor”), an individual accessing the Website. By accessing the Website, you agree to the following terms and conditions. If you do not agree, you have no right or license to access the Website and you should not do so.
Changes in Terms and Conditions
Nickel City Sound & Media has the right to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time. Nickel City Sound & Media has the right to change or modify the terms and conditions applicable to Visitor’s use of the Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which Visitor obtains notice thereof. Any use of the Website by Visitor subsequent to such notice shall be deemed to constitute acceptance by Visitor of such changes, modifications or additions.
Conduct of Visitor
Lawful Use Visitor shall use the Website for lawful purposes only. Visitor shall not post or transmit through the Website any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains advertising or any solicitation with respect to products or services, unless Nickel City Sound & Media has expressly approved such material in advance of its transmission. Any conduct by a Visitor that, in Nickel City Sound & Media’s discretion, restricts or inhibits any other Visitor from using or enjoying the Website is expressly prohibited.
Third Party Content
A portion of the Website’s content is supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of Nickel City Sound & Media. Neither Nickel City Sound & Media nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Nickel City Sound & Media neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than employee spokespersons of Nickel City Sound & Media while acting in their official capacities.
Downloading of Intellectual Property
The entire contents of the Website are copyrighted as a collective work/compilation. Nickel City Sound & Media owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. No Visitor may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Visitor may download one (1) single copy of the copyrighted material for Visitor’s personal or classroom, non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Nickel City Sound & Media (or the copyright owner(s) if other than or in addition to Nickel City Sound & Media). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. Visitor acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material.
Uploading of Intellectual Property
Visitor shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark, or other proprietary rights, without the express written permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining that any material is not protected by copyright rests with Visitor. Visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Website, Visitor automatically grants, or warrants that the owner of such material has expressly granted Nickel City Sound & Media the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Visitor also permits any other Visitor to access, view, and store or reproduce the material for that Visitor’s personal use. Visitor hereby grants Nickel City Sound & Media the rights to edit, copy, publish and distribute any material made available on the Website by Visitor.
Copyrights and Copyright Agents
Nickel City Sound & Media respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Nickel City Sound & Media Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Nickel City Sound & Media Copyright Agent for Notice of Claims of Copyright Infringement
The Nickel City Sound & Media Copyright Agent for Notice of claims of copyright infringement on its site is
Colin Freeburg, Director of Finance & Administration, Nickel City Sound & Media, who can be reached as follows:
By email: firstname.lastname@example.org
By phone: 1.716.855.2250 ext. 120
Unless otherwise indicated, trademarks that appear on this site are trademarks of Nickel City Sound & Media or its affiliates. All other trademarks not owned by Nickel City Sound & Media or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nickel City Sound & Media or its affiliates.
Nickel City Sound & Media Proprietary Rights
Visitor acknowledges and agrees that the Service and any necessary software used in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Nickel City Sound & Media, visitor agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Nickel City Sound & Media grants Visitor a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that visitor does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Visitor agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. Visitor agrees not to access the Service by any means other than through the interface that is provided by Nickel City Sound & Media for use in accessing the Service.
No Resale of Service
Visitor agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
No Responsibility or Liability
To the extent that portions of the Website (such as “chat rooms” or “discussion boards”) provide visitors an opportunity to post and exchange information, ideas and opinions (“Postings”), BE ADVISED THAT Nickel City Sound & Media DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON the Website, and Postings do not necessarily reflect the views of Nickel City Sound & Media. To the fullest extent permitted by applicable laws, Nickel City Sound & Media shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on the Website.
Nickel City Sound & Media reserves the right to monitor all Postings and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of these terms and conditions.
Warrant That Visitor Has All Necessary Rights
Visitor hereby represents and warrants that Visitor has all necessary rights in and to all Postings visitor provides and all material they contain; that Visitor’s Postings shall not infringe any proprietary or other rights of third parties; that Visitor’s Postings shall not contain any viruses or other contaminating or destructive devices or features; that Visitor’s Postings shall not contain any defamatory, indecent, offensive, tortuous, or otherwise unlawful material or content; and that Visitor’s Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
Authorize Others to Use
Visitor hereby authorizes Nickel City Sound & Media to use and/or authorize others to use all or part of visitor’s Postings in any manner, format, or medium that Nickel City Sound & Media or such other parties see fit. Visitor shall have no claim or other recourse against Nickel City Sound & Media for infringement of any proprietary right in Postings.
Disclaimers and Limitation of Liability
Use Is At Visitor’s Risk
Visitor expressly agrees that use of the Website is at Visitor’s own risk. Visitor shall be responsible for protecting the confidentiality of visitor’s password(s), if any. Neither Nickel City Sound & Media, its affiliates, nor any of their respective employees, third-party content providers or licensors, warrant that the Website service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website. Price information is subject to change without notice. It is Visitor’s responsibility to evaluate the accuracy and completeness of all information, opinions and other material on the Website or any sites with which it is linked. Nickel City Sound & Media provides technology automatically producing search results that link and/or reference sites and information located worldwide throughout the Internet. Because we have no control over such sites and information, Nickel City Sound & Media makes no guarantee as to such sites and information, including the accuracy, currency, content or quality of any such sites and information and Nickel City Sound & Media assumes no responsibility as to whether the search locates unintended or objectionable content. Furthermore, because some content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people, the results of your search on our sites may automatically and unintentionally generate links or references to objectionable material. We make no claim that such surprise incidences might not occur.
No Warranties of the Website Service
The Website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
Disclaimer of Liability
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Visitor specifically acknowledges that Nickel City Sound & Media is not liable for the defamatory, offensive or illegal conduct of other visitors or third parties and that the risk of injury from the foregoing rests entirely with visitor.
Visitor’s Waiver of Damages
In no event will Nickel City Sound & Media, or any person or entity involved in creating, producing or distributing the Website be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website. Visitor hereby acknowledges that the provisions of this section shall apply to all content on the Website. In addition to the terms set forth above, neither Nickel City Sound & Media, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within the Website, or for any delay or interruption in the transmission thereof to the visitor, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
Visitor agrees to defend, indemnify and hold harmless Nickel City Sound & Media, its affiliates and their respective directors, officers, shareholders, employees, agents, and assigns from and against all claims and expenses, including attorneys’ fees, arising out of Visitor’s use of the Website.
Equipment for Visitor’s Use
Visitor shall be responsible for obtaining and maintaining all telephones, computer hardware, and other equipment needed for access to and use of the Website and for any/all charges related thereto.
This Agreement, and any operating rules for the website established by Nickel City Sound & Media, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
This Agreement shall be construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules. Any cause of action of any nature arising out of this Agreement shall be brought in the State of New Jersey.
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.
Please report any violations of this Agreement to Colin Freeburg, Director of Finance & Administration, Nickel City Sound & Media.
By email: email@example.com
By phone: 1.716.855.2250
Copyright © Nickel City Sound & Media. All rights reserved.