CLEAR BLUE SKY REALTY SPECIALISTS

 

PRIVACY & COOKIE POLICY

 

When we collect your information we may share it across our group companies. This Privacy and Cookie Policy explains how Clear Blue Sky uses personal information we collect and how you can limit our use of that personal data. 1. What information do we gather? 1.1 We gather information that relates to, and can identify you (e.g. your name and address) and information that does not identify you (e.g. a visitor’s behavior patterns when they visit our website). We collect information that does not identify you to evaluate our site, ensure that our site and services run properly and ensure we are paid for advertising services we offer. We might also collect your IP address through the placement of cookies (see sections 6 and 7 on cookies and their management, below). 2. How do we gather information? 2.1 Information is gathered in two ways: (1) indirectly (e.g. using website technology or technology when you use a Telegraph application for a mobile device); and (2) directly (e.g. when you buy a subscription, sign up to create a telegraph.co.uk profile, download a mobile device application or you otherwise provide your information when you interact with us). 3. How do you decide how you want to hear from us? 3.1 We always explain why and how we might contact you at the point you give your information to us. We also provide the means for you to grant or withhold your permission for us to contact you We do this by using opt-out tick boxes. If the boxes aren’t there, it’s because we will not use your information for any other purpose than that for which you give it (e.g. to administer a subscription). 3.2 When responding to promotions, offers etc. by postcard, if you do not wish for your details to be used by us to send you promotions and offers, please make this clear by stating "No Offers". 3.3 If you have signed up to receive marketing from us by text, to stop this, please reply STOP to the last message you received. 4. How we use your information 4.1 We might use your information to: (1) remember you when you visit our website and track your browsing patterns by using cookies. You can prevent this; section 5 deals with this in more detail; (2) place your anonymized information into audience segments to identify your interests so that we might serve you with advertisements and offers that will interest you (3) ensure any products or services you receive are correctly administered (including subscriptions); (4) contact you by email, mail, telephone or sms text message to let you know about any of our products, services or promotions (which, in some cases may be provided by third parties) but only according to the permissions you give us; (5) ensure materials on the website or in apps are presented in the most effective manner for you and your computer or mobile device; (6) collate and log numeric internet addresses to improve the website and to monitor website usage; (7) assess and understand customer feedback and identify usage hotspots; 4.2 If you have subscribed to any of or services, we will use the information you provide to keep you updated on those services unless you have told us otherwise. 5. Accessing and updating your personal information 5.1 You can update your details and marketing preferences by accessing your account pages on the website, by emailing letstalk@clearbluesky.us 5.2 You have the right to access the personal information held about you. To obtain a copy of the personal information we hold about you, please send an email to letstalk@clearbluesky.us . There will be an administrative charge of £10 for providing a copy of this information. 6. Cookies 6.1 A cookie is a small piece of information that is placed on your computer when you visit certain websites. Find out more about the use of cookies on http://www.cookiecentral.com. 6.2 We use the following types of cookie: (1) Analytics cookies that anonymously remember your computer or mobile device when you visit our website. They keep track of browsing patterns and build up a profile of how our readers use the website. We might use that information to target advertisements to you on our and other websites. (2) Service cookies that help us to make our website work as efficiently as possible; remember your registration and login details; remember your settings preferences; and meter the number of pages you view. (3) Third party advertising and analytics cookies, which are placed by or on behalf of independent advertisers who are advertising on our site. These cookies may be placed within the advertisement and elsewhere on our site. They are anonymous – they cannot identify individuals. They are used for statistical analysis by allowing the advertiser to count how many people have seen their advertisement or have seen it more than once. They might also allow the advertiser to tailor advertising to you when you visit other websites. 6.3 We have no access to third party cookies and third party organizations have no access to ours. The third party organizations that place cookies have their own strict privacy policies. 7. Managing your cookies preferences 7.1 Most browsers allow you to turn off cookies. To do this look at the “help” menu on your browser. Switching off cookies may restrict your use of the website and/or delay or affect the way in which it operates. 7.2 If you would like to disable "third party" cookies generated by advertisers or providers of targeted advertising services, you can turn them off by going to the third party's website and getting them to generate a one-time "no thanks" cookie that will stop any further cookies being written to your machine. 8. Security 8.1 The password you provide when registering with the website is encrypted to ensure protection against unauthorized access to your personal information. 8.2 We invest in high-quality security and do our utmost to protect user privacy. No data transmission over the Internet can be entirely secure, and therefore we cannot guarantee the security of your personal information and/or use of the website. Any information that you send is at your own risk and may be read by others. However once we have received your personal information we use strict procedures to protect the security of your personal information. 9. Disclosing your information 9.1 We may disclose your personal information if we are approached by a potential buyer of our business, if we required to do so by law or in good-faith believing such action is necessary to comply with the law. 9.2 We never sell personal information, or pass it to third parties for marketing purposes without your permission. 10. Where we store your personal information 11. Changes to this Policy 11.1 If we change our Policy, we will post the changes on this page. Please check the website regularly for any changes to this Policy. 12. If you don't feel we're adhering to this Policy, what should you do? 12.1 If you believe that we have not adhered to this Policy, please notify us by email at letstalk@cbspm.net and we will try to solve the problem promptly.

 

PRODUCTS, CONTENT AND SPECIFICATIONS The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available at any particular time. Products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we will have the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation. The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture or detail of actual products will be accurate. In no event will anything contained in these Terms of Use or any area of the Website be construed as a representation or guarantee with respect to any content, services or products. We do not guarantee the accuracy, completeness or usefulness of any descriptions or other content. Further, we do not endorse, and are not responsible for, the accuracy and reliability of any opinion or statement made on the Website by any third party, including but not limited to, customers or manufacturers, distributors or suppliers of products and services sold through the Website. We assume no responsibility or obligation to modify or remove any inaccurate content. In addition, we may make changes to information about price, availability or other product attributes without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer, or to cancel any order, including after it is submitted. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. With respect to the shipment of products and services sold through the Website, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law.

 

PROPERTY; INTELLECTUAL PROPERTY All content of the Website (including, without limitation, text, graphics, icons, images, clips and software) (the "Website Content") is protected by copyright, trademark, and other laws. Such Website Content is intended solely for personal, non-commercial (other than for the purchase of merchandise from our site) use by the users of the Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any use. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Website Content, the Website, or any related software. Names, logos, taglines, icons and marks on the Website are the exclusive property of Legends Collectibles and/or the Legends Collectibles Entities, all rights reserved. Unless otherwise indicated, all other intellectual property appearing on the Website is the property of its respective owner. We reserve all rights in and to the Website, the Website's Content and services.

 

USER-GENERATED CONTENT Users may be able to post content in certain areas on the Website or on other websites or platforms that we own or operate, including on social media platforms such as Facebook, Instagram, Twitter and Pinterest ("Other Platforms"). You are solely responsible for any content (including, without limitation, photos, artwork, videos, text, graphics, and other information) you upload, post, display or otherwise provide to us through the Website or Other Platforms ("User Content"). We take no responsibility, and assume no liability, for any User Content posted by you or any other party. Any User Content you post or provide, including any questions, reviews, comments and suggestions, will be treated as non-confidential and non-proprietary. By sharing User Content with us, you grant us a worldwide, royalty-free, perpetual, irrevocable and transferable right to use, copy, reproduce, perform, distribute, display, publish, sell, and create derivative works of, the User Content, and to grant and authorize sub-licensees of the foregoing. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and services which incorporate such User Content. You represent and warrant that: (a) you own the User Content posted by you on the Website or otherwise have the right to grant the license set forth in this Section 9; (b) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity; (c) neither the posting of User Content on the Website nor the license set forth in this Section 9 breaches or will result in a breach of any contract between you and a third party; and (d) your User Content is not illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise inappropriate. You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content you post on the Website. We are under no obligation to screen or monitor User Content, but may review User Content from time to time at our sole discretion to review compliance with these Terms of Use. We may reject, refuse to post, edit or remove any User Content at any time without notice, for any or no reason.

 

 

TERMINATION OF ACCESS AND/OR ACCOUNT In addition to any right or remedy that may be available to us under these Terms of Use or under applicable law, we may limit, suspend, or terminate your access to the Website or Other Platforms (including, without limitation, your account registration and your ability to post User Content), at any time, with or without notice, and with or without cause. We also may refer any information on illegal activities, including your identity, to the proper authorities. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE. We are committed to complying with copyright and related laws, and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent. If you feel that a posted message or other content is objectionable or infringing, we encourage you to contact Legends Collectibles immediately. Upon Clear Blue Sky's receipt of a proper notice of claimed infringement under the DCMA, Legends Collectibles will review such notice expeditiously and, as appropriate, remove, or disable access to, the material claimed to be infringing and follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Clear Blue Sky designated agent (i.e., the proper party) to whom you should address such notice is listed below. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; 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 or intellectual property owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Our designated agent for notice of claims of copyright infringement can be reached as follows: Clear Blue Sky 1420 Celebration Blvd, Suite 200 Celebration Florida 34747 enquries@cbsrmr.com; Subject line: DMCA TERM These Terms of Use shall remain in full force and effect while you use or access the Website or have an account with the Website. See our Privacy Policy at www.clearbluesky.us/privacy.html for instructions on how to modify or delete your account. INDEMNITY You agree to defend, indemnify and hold us, our partners, subsidiaries, affiliates, suppliers, and licensors and each of our and their respective officers, agents and employees (the "Website Parties") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, issued by any third party due to or arising out of your use of the Website in violation of these Terms of Use and/or arising from a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein). DISCLAIMER OF WARRANTIES Your use of the Website is at your sole risk. The content and information posted on the Website, and the products and services accessible or available through the WEBSITE, are made available to you "as is" without warranties or representations of any kind. to the fullest extent permissible by applicable law, The WEBSITE PARTIES disclaim and exclude any express or implied warranties or representations OF ANY KIND, including any warranties as to merchant-ability or fitness for a particular purpose of the Website, THEIR CONTENT AND the products and services listed or purchased on or through the Website. LIMITATION ON LIABILITY IN NO EVENT SHALL THE WEBSITE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE PROPERTIES, YOUR INABILITY TO USE THE WEBSITE, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE, EVEN IF THE WEBSITE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE WEBSITE PARTIES' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (I) THE PURCHASE PRICE FOR THE ITEM AT ISSUE, IF APPLICABLE; or (II) $10.00.

 

THIRD-PARTY TRANSACTIONS Through your use of the Website, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third-party seller or purchaser of such merchandise and services and you.

 

WE MAKE NO WARRANTY REGARDING ANY THIRD-PARTY TRANSACTIONS EXECUTED THROUGH OR IN CONNECTION WITH THE WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH THIRD-PARTY TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED FROM A THIRD PARTY ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH THIRD-PARTY PRODUCTS OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED BY THE THIRD PARTIES, IF APPLICABLE. UNITED STATES ("U.S.")

 

EXPORT CONTROLS Software made available to you by the Website (the "Software"), if any, is subject to U.S. export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

 

GOVERNING LAW These Terms of Use and your use of the Website will be governed by federal and Delaware law, regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the Website. All claims, legal proceedings or litigation arising in connection with the Website will be brought solely in the federal or state courts located in Delaware, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. ARBITRATION/NO CLASS ACTION Except where prohibited by law, as a condition of using the Website, you agree that any and all disputes, claims and causes of action (collectively, "Claims") arising out of or connected with the Website, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. Payment of all filing, administration, arbitrator and/or mediator fees will be governed by the rules of the American Arbitration Association. In the event that you conclusively demonstrate that your payment of such fees is cost-prohibitive, we will consider in good faith paying all or a portion of such fees on your behalf to prevent the arbitration from being cost-prohibitive. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Florida, or the United States District Court for the state of Florida. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the state of Florida, or the United States District Court You agree that you must assert all claims against us within one (1) year from the date of the applicable purchase or, if no purchase was made, from the date the claim first accrued.

 

MISCELLANEOUS We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or, if we choose to do so in our sole discretion, delivering them to you through email if you have provided us with your accurate email address. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use and your account on the Website are personal to you and may not be transferred or assigned. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including the Privacy Policy and/or additional terms applicable to various parts of the Website), constitute the entire understanding between you and us.

 

These Terms of Use are effective as of, and were last updated on, DECEMBER 27 2016 enquiries@clearbluesky.us

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