Privacy policy

Last Updated: November 8, 2010

1. INTRODUCTION

AGREEMENT AND PARTIES Endurance Media, Inc. (“Company”, “us”,or “we”) respects the privacy of the visitors to the www.amateurendurance.com website (“website” or “site”). This privacy policy (“privacy policy” or “policy”) is an agreement between Endurance Media, Inc. and you, as the user of the www.amateurendurance.com website (“you”). This agreement tells you when this policy is effective, what information we collect from you, how we might use it, how you can review or change the personal information you provided to us, how we may change this policy, and the steps we take to ensure that your personal information is protected.

2. AGREEMENT TO TERMS OF PRIVACY POLICY AND TERMS OF USE

AGREEMENT TO TERMS. All activities in which you may engage on this website are voluntary. You are not required to provide Endurance Media Inc. any personal information unless you choose to access features on this site which require the information. If you do not agree with the terms of this policy or other terms of use on this website, then you should immediately exit this website and discontinue using the site. If you do not agree with the terms of our privacy policy and our terms of use posted at, http://www.amateurendurance.com/privacy/ please do not provide us with personal information, and leave this website. The terms of use of this site are expressly incorporated herein by reference and made a part of this policy. By using the www.amateurendurance.com website, you signify that you agree to the terms of this privacy policy as well as to our terms of use.

3. Declaration of Copyright and Trademark

The content included on this website such as text, graphics and logos, icons, images, audio clips and software is the exclusive property of Endurance Media Inc. and is protected by U.S. and International copyright laws. Any software used on www.amateurendurance.com is the property Endurance Media Inc. or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited without express permission. Endurance Media Inc.’s trademarks may not be used in connection with any product or service that does not belong to Endurance Media Inc., in any manner that is likely to cause confusion among customers or in any manner that disparages discredits Endurance Media Inc.

4. EFFECTIVE DATE OF AND CHANGES TO PRIVACY POLICY

EFFECTIVE DATES. This privacy policy is effective as of July 15, 2008, and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are posted on the website or we otherwise notify you of the changes. We reserve the right to change this privacy policy at any time. Changes, modifications, additions, or deletions will be effective immediately on their posting to this site. You should check this policy periodically as its terms may change from time to time. Your continued use of the site after we post any such modifications will constitute your acknowledgment of the modified policy and your agreement to abide and be bound by the modified policy. We will also revise the “last updated” date found at the beginning of this privacy policy when we post changes to it.

5. POLICY APPLICABLE TO ONLINE ACTIVITIES ONLY

DISCLAIMERS. The privacy policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond Endurance Media Inc’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This online privacy policy only applies to information collected through this site. This privacy policy does not apply to any information we may collect from you in any place other than this website.

6. PERSONAL INFORMATION WE MAY COLLECT

TYPES OF INFORMATION COLLECTED. We may ask you for certain information referred to on this site as “personal information,” which includes information that pertains to your identity. Such information may include, but is not limited to, items such as your name, address, date of birth, age, gender, e-mail address, telephone number, or credit card or debit card number. You may be required to provide personal information to access or use certain parts of our website or features of the site. If you do not provide the requested personal information, you may not be able to access or use the features of the site where such information is requested.

7. GENERAL INFORMATION WE MAY COLLECT

(a) TRAFFIC DATA COLLECTED. We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; and (4) types of web browsers used to access the Site (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site. We also use “cookies” to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly, and to store your password so you do not have to re-enter it each time you visit the Site. (b) PERSONAL INFORMATION COLLECTED. In order for you to access certain premium, services and to purchase products that we offer via the Site, we require you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); and (2) Demographic Data (such as your zip code, age, and income). If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards, or forums, or otherwise complete online forms, surveys, or contest entries, any information provided in such communication may be collected as Personal Information.

7.1. Click Stream Data

When you visit our website we may also collect “click stream data” (server address, domain name). This information can be combined with information you have provided to us by registering, for example, which will enable us to analyze and better customize your visits. We may use click stream data for traffic analysis or e-commerce analysis of our website, to determine which features of our site are most or least effective or useful to you.

7.2. Cookies

We may also use cookies to gather information about your visits to our website and enhance your experience. More information on how we use cookies is available in the section “Use of Cookies.”

Google specific: Google and the DoubleClick DART cookie:

• Google, as a third party vendor, uses cookies to serve ads on your site.
• Google’s use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet.
• Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

8. USES OF INFORMATION COLLECTED

(a) COMPANY USE OF INFORMATION. We use Personal Contact Data to send you information about our company or our products or services, or promotional material from some of our partners, or to contact you when necessary. We use your Financial Data to verify your qualifications for certain products or services and to bill you for products and services. We use your Demographic Data to customize and tailor your experience on the Site, displaying content that we think you might be interested in and according to your preferences.

(b) SHARING OF PERSONAL INFORMATION. We share certain categories of information we collect from you in the ways described in this Privacy Policy. We share Demographic Data with advertisers and other third parties only on an aggregate (i.e., non-personally-identifiable) basis. We share Contact Data with other companies who may want to send you information about their products or services, unless you have specifically requested that we not share Contact Data with such companies. We also share Contact Data and Financial Data with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site. Those business partners have all agreed to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your Contact Data and other Personal Information to carry out their specific business obligations to Company. If you do not want us to share your Contact Data with any third parties, please email us at [email protected] or select the “opt out” box on our online forms, but please understand that such a request will likely limit your ability to take advantage of all of the features and services we offer on the Site. In addition, we maintain a procedure for you to review and request changes to your Personal Information; this procedure is described in Section 11.6.

(c) USER CHOICE REGARDING COLLECTION, USE, AND DISTRIBUTION OF PERSONAL INFORMATION. You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of the Site; however you will not be able to access and use those portions of the Site that require your Personal Information. If you do not wish to receive information and promotional material from us or from some of our partners, you may select the appropriate “opt-out” option each time we ask you for Personal Information.

9. PROTECTION OF YOUR PERSONAL INFORMATION AND GENERAL INFORMATION

9.1. Security Measures

In order to protect both the personal information and the general information that we receive from you through our website, we have implemented various security measures, including: security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data..

9.2. Risk of Interception

Please keep in mind, however, that whenever you give out personal information online there is a risk that third parties may intercept and use that information. While Endurance Media Inc. strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using this site, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through this site and that any personal information, general information, or other data or information received from you through the site is provided to us at your own risk, which you expressly assume.

10. NO USE OF THIS SITE BY PERSONS UNDER 18 PERMITTED

10.1. Registration Declined

Endurance Media, Inc. intends only persons who are 18 years or older to use this website. Personal registration information submitted by a person under the age of 18 will not be accepted. Any general information provided by a person under the age of 18 and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this policy (see Section 7). Endurance Media, Inc. is committed to protecting the privacy of children and has no intention of collecting personal data from children under the age of 18. We encourage parents and guardians of children under 18 to regularly check and monitor their children’s use of e-mail and other activities online.

10.2. Notice Concerning Children

PLEASE NOTE: We are a general audience site, and do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a site user is under age 13, we will promptly delete any personal information in that user’s account.

11. THIRD PARTIES

11.1. Sharing Information With Persons or Entities Who Manage This Website

www.amateurendurance.com global and local websites and the personal information and general information collected are managed and controlled by the Privacy Compliance Officer of Endurance Media Inc. located at 804 Jamaica Ct., San Diego, CA. The servers that make Endurance Media Inc’s global and local websites available are located in Arizona. If you are located outside Arizona please note that the information you provide will be transferred to the Privacy Compliance Officer of Endurance Media, Inc., and by submitting the information you authorize this transfer. Endurance Media Inc., has entered into an agreement with the hosting company in Arizona to provide safeguards for the protection of your data that are consistent with this policy.

11.2. Disclosing Information to Third Parties

WHO MAY HAVE ACCESS TO YOUR INFORMATION. Other than to the companies belonging to Endurance Media Inc. for the purposes set out above, and except as described in this policy, we do not sell, trade, or otherwise transfer your personal information or general information to third parties without informing you in advance. We provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties (collectively, “service partners”). Our service partners may use your personal information to operate our sites and to deliver their services. For example, your data may be transferred to website hosting partners and other parties who assist us in designing and operating the website, executing services (such as for prize fulfillment), or helping us analyze collected data. These parties will only use your data for the purpose of carrying out the work as agreed with us and will be required to keep the information confidential. We will encourage our service partners to adopt and post privacy policies. However, the use of your personal information by our service partners is governed by the privacy policies of those service partners and is not subject to our control.

11.3. Security

RELEASE OF INFORMATION. Endurance Media Inc. will release personal or general information without your consent for security purposes, (a)when required by law, or to prevent imminent harm to any person or entity. We will disclose personal or general information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion; (b) protect our rights or property; or (c) enforce our Terms of Service. Release of your personal data for security purposes, as described in this agreement to any person or entity under any circumstances shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this policy.

11.4. LOST OR STOLEN INFORMATION.

You must promptly notify us if your credit card, user name, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, user name, or password from your account and update our records accordingly.

11.5. Links to Third Parties

PURPOSE OF LINKS. For your convenience and to improve the usage of the website we may insert links to third parties on this site. This privacy policy does not apply to such third party websites. These links take you outside our service and off Endurance Media Inc’s site and are beyond our control. This includes links from partners that may use Endurance Media Inc’s logos as part of a co-branding agreement. The sites those links can take you to have their own separate privacy policy and although we seek to protect the integrity of our site, Endurance Media Inc. is not liable for the content and activities of those sites. Your visits and access to such websites is at your own risk. Please note that those other sites may send their own cookies to users, collect data, or solicit personal information.

11.6 USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION.

We maintain a procedure in order to help you confirm that your Personal Information remains correct and up-to-date. At any time, you may visit your personal settings at http://www.amatuerendurance.com/my_settings. Through your personal settings you may: (a) review and update your Personal Information that we have already collected; (b) choose whether or not you wish us to send you information about our company, or promotional material from some of our partners; and/or (c) choose whether or not you wish for us to share your Personal Information with third parties.

12. AUTOMATIC COLLECTION

COOKIES. A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the website and that information helps us to understand your preferences and improve your website experience. Cookies are also used for such activities as remembering your user name and password, if you use such a feature on this site. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (such as Mozilla, Firefox, or Internet Explorer). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the website you visit and you may lose access to some of its features.

13. QUESTIONS OR COMMENTS

CONTACT INFORMATION. If you have any questions or comments relating to our website or the privacy policy, send an e-mail to [email protected] or write Attn: Privacy Compliance Officer, Endurance Media Inc., P.O. Box 9799, San Diego, CA 92169