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CCA and B, LLC Site Terms and Conditions of Use

V. 3.0 Updated March 14, 2017
 
Welcome to the Internet site of CCA and B, LLC (“CCA and B”). CCA and B and any and all entities that control, or are affiliated or under common control with CCA and B, including all brands and trademarks owned or controlled by such entities, are collectively referred to herein as "we," "us" or "our".
 
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the CCA and B website.
 
You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. You acknowledge that such consideration includes but is not necessarily limited to, your use of the CCA and B website and receipt of data, materials and information available at or through the CCA and B website, the possibility of our use or display of your Solicited Submissions (as defined below in Section 4, titled "SUBMISSIONS") and the possibility of the publicity and promotion from our use or display of your Solicited Submissions.

I. Introduction

This Site is operated by CCA and B, LLC. The web address for this site is www.ccaandb.com (“Site”). The mailing address for CCA and B is 3350 Riverwood Parkway, Suite 300, Atlanta, GA 30339.
 
All users of this Site agree that their access to and use of this Site are subject to the terms and conditions set forth in this legal notice and all applicable laws, and that any such access or use is undertaken at the user's own risk. These terms and conditions further are subject to change at any time without prior notice. Any such changes will be reflected on this page of the Site.
 
All content, graphics, code and software used on or incorporated into this Site, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to CCA and B, and all rights thereto are specifically reserved.
 
This Site is provided as a means of providing company information and facilitating certain business transactions.
 
For more information on these Terms and Conditions of Use or this Site call 877-919-4105.

II. Site Usage  

CCA and B authorizes you to view, download and print hard copies of electronic information from this Site solely for informational purposes. This electronic information may consist of software, technical information, product literature, and other materials. You must retain all copyright, trademark, and other proprietary notices present in the original information and on any copies of the information you make. You may not modify the information obtained from this Site in any way or reproduce or publicly display, transmit, or distribute or otherwise use the information for any commercial purpose not expressly authorized herein. Any other use of this Site, or content or information contained in this Site, is strictly prohibited unless the written permission of CCA and B first is obtained. If you fail to comply with these terms your authorization to use this Site automatically terminates and you must immediately destroy any information obtained from the Site.

III. Intellectual Property  

This Site and CCA and B, as well as page headers, custom graphics, buttons, images and other content on this Site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by CCA and B or its affiliates. Other trademarks, product names and company names or logos used on this Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this Site is strictly prohibited. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, design right or copyright of CCA and B, or any other third party.

IV. User Submissions  

In these terms of use, we use the word "Submissions" to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through the Site.
 
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on the Site for our review or display and possible specifically-defined consideration or compensation (e.g., prizes or other value in games, sweepstakes, contests and promotions); (collectively, "Consideration") and (b) that you Distribute on or through the Site for which you do not seek Consideration. "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
 
We do not accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through the Site. We make no contract implied, or otherwise, with respect to unsolicited submissions, and it is our specific interest to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. Accordingly, do not distribute any Unsolicited Submission. You agree that any Submissions you distribute are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type, (other than that state herein.) Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.
 
To the maximum extent allowed under applicable law, any material, information or idea you transmit to or post on this Site by any means (including, but not limited to e-mails sent to CCA and B using links provided in this site) will be treated as non-confidential and non-proprietary, and may be disseminated or used by CCA and B or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You may not post any material that violates copyright, trademark, or other proprietary rights (including rights of publicity and privacy). By using this Site, you expressly agree to indemnify CCA and B for any and all damages resulting from the user's actions or postings that violate any of these policies. CCA and B reserves the right to prohibit further postings by any user for violation of these standards.
 

V. Links To Other Sites  

CCA and B does not make any representations or warranties about any Site you may access through this Site. To the extent that any such Site is independent from CCA and B, CCA and B has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Site. A link between this Site and another Site further does not mean that CCA and B endorses that Site. Moreover, CCA and B makes no representations about these Sites, or any information, software or other products or materials found there, or any results that may be obtained from using them. You must make your own independent decisions regarding the use of, or communications with, any other such Site.

VI. Disclaimer  

The information provided on this Site are provided "as is" without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non- infringement of intellectual property. CCA and B further does not warrant the accuracy and completeness of the information on this Site. CCA and B may make changes to the information on this Site, or to the products and prices described on the Site, at any time without notice. The information on this Site may be out of date, and CCA and B makes no commitment to update such information. Information published on this Site may refer to products, programs or services that are not available in your country or local area. Consult CCA and B directly for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

VII. Limitation of Liability  

IN NO EVENT SHALL CCA AND B, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES AND THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY SITES LINKED TO THIS SITE, OR THE CONTENT OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE DATA AND INFORMATION PRESENTED ON THIS SITE IS BELIEVED TO BE ACCURATE BUT SHOULD NOT BE RELIED UPON BY THE USER FOR ANY PURPOSE. ANY AND ALL LIABILITY FOR THE CONTENT OR ANY OMISSIONS FROM THIS SITE, INCLUDING ANY INACCURACIES, ERRORS, OR MISSTATEMENTS IN SUCH DATA OR INFORMATION IS EXPRESSLY DISCLAIMED. CCA AND B DISCLAIMS ANY LIABILITY FOR USE OF CCA AND B PRODUCTS IN APPLICATIONS OTHER THAN THOSE FOR WHICH THEY ARE DESIGNED.

VIII. Applicable Laws  

This Site is administered by CCA and B based in Atlanta, Georgia. CCA and B makes no representation that information on this Site is appropriate or available for use outside the United States, and access to such information from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptations in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These terms and conditions will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of laws.

IX. General  

CCA and B reserves the right to modify these terms and conditions at any time. The terms on this page are binding upon you, therefore, you should review them often. Terms and conditions listed in this document may be superseded by specific terms elsewhere on the Site.

X. Order Forms, Registration Forms, and E-mail  

This Site may use forms to generate e-mails, which are then used to submit inquiries, submit registration information, and other business processes. CCA and B explicitly states that these forms do not constitute any agreement between CCA and B and the person submitting the form. CCA and B expressly disclaims any and all liability whatsoever in relation to the delivery and processing of these forms. If your need is urgent, please contact CCA and B directly via telephone. E-mail that is sent to CCA and B is transmitted via the Internet. CCA and B is not responsible for any delays caused due to problems with the delivery of, processing of, or the security and privacy of Internet e-mail.
 

XI. Claims of Copyright Infringement

It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.  In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof, and you believe that any Content hosted by CCA and B infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that website.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

You may submit your Notification of Alleged Copyright Infringement by sending it to our Designated Agent by mail or e-mail as set forth below.

CCA and B’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

Attention: Designated Copyright Agent
Elf on the Shelf
3350 Riverwood Parkway, Ste 300 Atlanta, GA 30339
Email: compliance@elfontheshelf.com

For clarity, only DMCA notices should go to the CCA and B  Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to customer service through the webmaster@elfontheshelf.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

 

 

Privacy Policy

V. 2.0 Updated September 10, 2013
 
This Site is operated by CCA and B, LLC. and is provided for the purpose of facilitating communication with the general public and our business partners. The address for CCA and B is 3350 Riverwood Parkway, Suite 300, Atlanta, GA 30339.
 
The Privacy Policy addresses CCA and B’s collection, use and disclosure of personally identifiable information — such as certain users’ name, address, telephone number and email addresses, ("Personal Information" or “information”) — that we may gather any time you the user interacts with us on this Site. When you use this Site and input such Personal Information on it, you expressly consent to the processing of your Personal Information according to this Privacy Policy. CCA and B understands your privacy is important. We encourage you to refer to this policy on an ongoing basis to stay up-to-date on our most current privacy practices, which may change from time to time as we continue to develop this site. The date that this policy was last changed is noted above.
 
Please note that this privacy policy applies only to this Site. For the privacy policies of each of our affiliates that operate e-commerce Sites, or the other Sites that CCA and B may operate, please refer to those specific Sites.

I. Information Collected When You Visit Our Site and How We Use It 

In some instances we may receive and collect information input by the user on the Site, (i.e. when certain users register on the Site). We may collect information during this process, and we will only use that information for the purpose for which it was submitted. The following are examples of the types of information may be collected and how they are used:
 
  • At registration, the user inputs certain contact information (i.e. full name, telephone, email address, password, etc.) that is collected by CCA and B and used for the purpose of verifying the user’s affiliation with the entity represented, and allowing the proper subsequent level of access to activities on the Site. This information may be updated or otherwise modified by the user from time to time and such new information will be collected and used for the same purpose as stated herein.
  • Additionally, contact information is used in the event the user submits a comment or query related to this site, to CCA and B via this Site or by email or phone. CCA and B will use your information to review and respond to your comment or question. In doing so, CCA and B may forward the information you provide to one of our partners.
  • The user’s inputted email address is used for related correspondence and updates to documentation provided on the site, such as changes to routing procedures, or verification of profile information. Whenever possible, such emails are sent only to targeted groups of users, based on the appropriate information selected at registration. CCA and B does not use the information the user submits to this Site for marketing purposes, and does not share it with any unaffiliated third parties.

II. How We Use Cookies 

  • CCA and B may receive and record information on our server logs from your browser, including your IP address, cookie information, the pages you access and other information. However, that information is only used in aggregate to analyze site performance, and is not used to identify and track you as an individual when you are using our site.
  • CCA and B uses cookies for the purpose of displaying information to a user based on a set interval of time. For example, a cookie is used to display a pop up message only once per day, instead of every time a page is accessed. If you have any questions about our privacy practices, you may call us at 877-919-4105.

III. Security 

CCA and B is committed to doing its best to maintain the security of information collected on our Site. To try to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place the appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online.