Welcome to the kontraband.com website (the "Site"). PLEASE READ THESE TERMS OF USE (the "Terms") CAREFULLY BEFORE USING THIS SITE OR ANY SERVICES OR APPLICATIONS RELATED TO THIS SITE. This Site is subject to the Terms, which may be updated by us from time to time without notice to you. In addition, you shall be subject to any posted guidelines or rules applicable to the Site which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.
1. Registration
You are granted the limited right to view and use the Site only for the purposes of viewing or playing content such as films or games, placing product orders, or for accessing information and services. We reserve the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site.
2. Limited License to Site
If you violate these Terms, we may terminate or cancel your access rights to the Site immediately without notice. We may also block your use of the Site. We reserve the right at any time to modify or discontinue the Site or any part thereof and you agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof. This license is limited to personal and non-commercial use by you. Any rights not expressly granted to you herein are reserved to us. No portion of this Site is targeted to children, and any minor should seek consent of his or her legal guardian before using this Site. Unless you have received specific written permission from us, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site or (b) alter or modify any content on the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site for any commercial purpose. Please be aware that we have created or may create in the future certain areas on the Site that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
The Site may allow users to upload, post, and/or distribute user submitted content, and use of the Site for this purpose is subject to the following conditions:
- You understand that all user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are transmitted to or via the Site are the sole responsibility of the person from which the Materials originated. This means you, and not us, are entirely responsible for the Materials you transmit through the Site. Further, you understand that by using the Site you may be exposed to Materials that are offensive, objectionable or indecent.
- You shall not create a user name or screen name or upload to, distribute through or otherwise publish through the Site any Materials which are libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, harmful of minors in any way, abusive, illegal or harassing, or contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or that you do not have a right to make available under contractual or fiduciary relationships.
- Your Materials, user name and/or screen name will not disparage in any manner kontraband.com, its owners, advertisers, products, or services and sites.
- Your Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.
- You shall not upload to, distribute through or otherwise publish through the Site any Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or Site. You specifically acknowledge that soliciting other users to join or become users or members of any commercial online web site or other organization is expressly prohibited.
- You shall not upload to, distribute through or otherwise publish through the Site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
- You shall not act in a manner that negatively affects other users' ability to interact with the Site.
- You shall not collect or store personal data about other users.
You acknowledge that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Materials. Without limiting any of our rights, we and our designees shall have the right to remove any Materials that violate the Terms or are otherwise objectionable, as well as terminate your access to the Site. You agree that we have no liability or responsibility for the storage or deletion of any Materials that you or any other persons submit or post. We reserve the right to change these general practices and limits at any time in our sole discretion.
3. Privacy Policy
Information that you submit is subject to our Privacy Policy. For more information, see our full privacy policy. Your use of the Site is your consent to the Privacy Policy.
4. Password and Security
You are responsible for maintaining the confidentiality of YOUR password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You acknowledge, consent and agree that we may access, preserve, and disclose your account information and Material if required to do so by law or in a good faith believe that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Materials violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of us, our users and the public. You understand that the technical processing and transmission involved in interacting with the Site, including the transmission of Materials, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Site may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by us and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site.
5. Competitions
From time to time, we may conduct competitions in which we may award various prizes. You agree that if you participate in any competitions, you will abide by all the rules and be subject to all the terms and conditions of such contest, in addition to these Terms.
6. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the United Kingdom of Great Britain or the country in which you reside.
7. Indemnity
You agree to indemnify and hold us, Kontraband Limited, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorney fees, arising out of your content and materials, your use of the Site, your violation of these Terms or your violation of any third party's rights including such party's copyrights and trademarks.
7a. Disclaimer Of Warranties Much of the information on our site is received from third parties. We cannot be responsible for ensuring that the information they provide us is accurate or that it does not infringe the rights of someone else. THE SITE AND RELATED APPLICATIONS, MATERIALS AND SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. WE HEREBY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. IN ADDITION, WE DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Assumption of Risks
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY VIEWING THIS SITE, READING COMMENTS BY OTHER USERS OR ACCESSING APPLICATIONS AND SERVICES RELATED TO THIS SITE YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
9. No Incidental, Consequential or Other Damages
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Limitation of Liability and Exclusive Remedy
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY US OR ANY OF OUR AFFILIATES OR AGENTS SHALL BE, AT OUR OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON US; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO US. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. Links; Advertisers
The Site contains links to third party sites that are not under our control and we not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. We provide links only as a convenience and the inclusion of the link does not imply that we endorse or accept any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
12. General Practices Regarding Use and Storage
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Materials will be retained by the Site, the maximum number of Materials that may be sent from or received by an account, the maximum size of any Materials, the maximum disk space that will be allotted to you, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time.
13. Our Proprietary Rights
You acknowledge and agree that the Site and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. We grant you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do 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.
You agree 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 Site.
14. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.
15. Notice and Amendments
We may provide you with notices, including those regarding changes to these Terms, by either e-mail, regular mail, or postings on the Site. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site. Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to us by mail to:
Kontraband Limited, 5 Calvert Avenue, Shoreditch, London, E2 7JP
or as to a successor address that we make available on the Site or through other reasonable manner. If applicable law requires that we accept e-mail notices (but not otherwise), then you may send us e-mail notice at hello@kontraband.com. With respect to our notices to you, we may provide notice of amendments by posting them in the Site and you agree to check for changes. Instead or in addition, we may give notice by sending email to the email address you provide during registration.
16. Digital Millennium Copyright Act
It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices.
Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include, removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make it available to the public.
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights.
See http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold for more information.
If you are a copyright owner or an agent thereof and believe that any file or other content or link infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) which is incorporated by reference):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Kontraband’s designated DMCA Copyright Agent to receive notifications of claimed infringement is:
Richard Spalding
Kontraband
5 Calvert Avenue
London, E5 7JP
Fax: +44(0)20 7729 6914
For clarity, only DMCA notices should go to the DMCA Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
In some instances and where feasible one may supply a counter-notification as indicated on the form below. The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
Account Termination
Many Kontraband Services do not have account holders or subscribers. For Services that do, Kontraband will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Kontraband and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
Here is a DMCA form you may use for efficiency:
Identify the material that you claim is infringing the copyrighted work
FOR WEB OR INTERNET SEARCH, YOU MUST IDENTIFY EACH SEARCH RESULT THAT DIRECTLY LINKS TO A WEB PAGE OR FILE THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This requires you to provide (a) the search query that you used, and (b) the URL for each allegedly infringing search result.
For example, suppose (hypothetically) that you conducted a search on kontraband.com using the query "ABC", and found that the third and fourth results directly link to a web page or file that you believe infringes the copyrighted text. In this case, you would provide the following information:
Search Query: ABC
Infringing Web Pages/Files:
www.kontraband.com/category/12345/description
www.kontraband.com/category/54321/description
If you are sending a large number of URLs in one removal request, please also send an electronic copy of the notice to info@kontraband.com
Provide information reasonably sufficient to permit Kontraband to contact you (email address is preferred).
Provide information, if possible, sufficient to permit Kontraband to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Sign the paper.
Send the written communication to the following address:
Kontraband
5 Calvert Avenue
London, E5 7JP
Counter Notification
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification, please use the following format (including section numbers):
Identify the specific URLs or other unique identifying information of material that Kontraband has removed or to which Kontraband has disabled access.
Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (United Kingdom, if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
Sign the paper.
Send the written communication to the following address:
Kontraband
5 Calvert Avenue
London, E5 7JP
Fax: :+44(0)20 7729 6914
17. General Information
Entire Agreement
These Terms constitute the entire agreement between you and us and govern your use of the Site, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.
Resolution of Disputes
You agree that any controversy arising out of or in connection with our relationship, or a dispute with reference to these Terms, their validity or effect will be governed by the laws of Great Britain without regard to conflicts of laws provisions thereof. Any controversy arising out of or in connection with use of the Site or these Terms, their validity or effect, will be conclusively determined by arbitration in Great Britain. You agree that any proceeding that you may choose to bring against us will be initiated within six (6) months after the alleged date of the event bringing rise to such dispute. You waive any and all rights and benefits which you or we might otherwise have or be entitled to litigate any such dispute in court, because it is your intention to arbitrate all such disputes according to the provisions hereof. Any such decision and accompanying award will provide for each party, respectively, to bear its own costs of arbitration and attorneys' fees. The pendency of an arbitration, the proceedings, any evidence or other material, and any award shall be maintained and remain confidential, except that an award may be confirmed by a court of competent jurisdiction if it has not been fully satisfied within 14 days of its issuance.
Waiver and Severability of Terms
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
18. Violations
Please report any violations of these Terms to us at hello@kontraband.com
Kontraband has created this privacy statement in order to demonstrate our firm commitment to privacy.
This privacy policy covers how we treat personal information that we collect and receive.
General
We gather user information to provide you with a customized experience on our site. Your user information helps us tailor the content, services, goods and advertising to your current and future needs. For this reason, we may ask you to register or to provide personal information when you post comments, enter a competition, order products, subscribe to a newsletter and/or visit certain areas of our site. If you choose not to register you may not have access to areas that require personal identification.
If you register with our site or purchase products from us, from time to time we may e-mail you with messages about our services or third party products and services we believe may be of interest to you, such as new products, features, services, special offers and updated information. The newsletters may contain code that enables our database to track your usage of the newsletters, including whether the e-mail was opened and/or what links (if any) were clicked. We will combine that information with other information we have about you and may use that information to improve your site experience and/or provide customized e-mail communications to you. In addition, if you register with our site or purchase products you may automatically receive e-mails confirming your registration and/or purchase and providing you with necessary information relating to the access or use of your registration and/or purchase. With the exception of the e-mails described in the preceding sentence which are necessary to provide customer support and deliver products and services to you, you may opt-out of receiving e-mail from us as described below.
Use of Information
When you register, we ask for your e-mail address, a unique nickname selected by you and other information. Once you are a registered user you can update your profile and may be able to provide additional preferential information.
In order to purchase products or services from us, we require that you provide us with certain personally identifiable information. The types of personally identifiable information that may be collected at this site include: name, address, e-mail address, mobile phone number and MSISDN (mobile station integrated services digital network number), credit card and billing information, download history, customer generated content and/or information about your interests in and use of various products, programs, and services.
We may use such personally identifiable information to provide the information or content you have requested (e.g., fulfil your orders for our ringtones, data and news), to contact you about programs, products, features or services in which we believe you may be interested (such as future promotional materials), or for other purposes disclosed from time to time. We also may use your personally identifiable information to contact you regarding your use of our Web Site or changes to our privacy notice, Terms of Service, or other policies or terms that affect you and your use of our Web Site. In addition, we may use information collected about our users to improve the content and navigation of our Web Site, or for other internal purposes.
We may, from time to time, supplement the information we collect from you with outside records (e.g., information we obtain from other companies, including wireless providers) to enhance our ability to serve you, to tailor our content to you, and to offer you opportunities to purchase products or services that we believe may be of interest to you. To fulfil your requests for products and services (e.g., provide you with content via your mobile phone), we may share the personally identifiable information you provide with your mobile phone service provider or their partner and subcontractor companies. Our privacy policy does not cover such entities use of information. To learn more about your provider's privacy practices, you should consult its privacy policy. From time to time, we may share personally identifiable information with unrelated third parties to enable them to provide you with opportunities to learn of products or services in which you may be interested.
We may occasionally present a special contest or promotion that is sponsored by another company. To qualify for entry in that contest or promotion, we may ask you to provide personal information. If we plan to share that information with the sponsor(s) or with others, we will provide a statement to that effect in the contest or promotion terms.
All communication on the Internet takes place between pairs of IP Addresses. Our Web servers will log the IP address that any connection is made from. We may use these IP addresses to help diagnose technical problems or prevent abuse of our systems or other site users. Your IP address may also be used to gather aggregate demographic data and target advertisements accordingly.
Your browser has options to accept, reject, or provide you with notice when a cookie is sent. A cookie is a small line of text that is stored with your Web browser for record-keeping purposes and to help us provide better service to you. We use cookies to save your password (in an encrypted format) on your machine so you don’t have to re-enter it each time you visit our site. We also use cookies to deliver content specific to your interests and track your downloads and activity on the site.
We may collect certain non-personally identifiable information when you visit many of our Web pages, such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Windows 2000 or Mac OS), and the domain name of your Internet service provider (e.g., America Online, Earthlink).
We use third party companies to serve the advertisements on some of our pages. These companies and advertisers may place and access their cookies on your computer. Other companies use of their cookies is subject to their own privacy policies, not ours. We may use your information or allow advertisers or companies that serve advertisements access to your information to determine which advertisements you will see. This information may include your demographic information, geographic location, what content you access on our site, how you rate various content, language contained in your comments and other information.
Our site contains links, including banner and other ads, to other Websites. We are not responsible for the privacy practices or the content of such Websites. Our site may also link to Websites that feature our trademarks and names along with trademarks and names of other companies. You should look at the privacy policy on that co-branded Website, as the co-branded Website may not be under our control.
Applications you use or download from our site may contain third party digital rights management systems (DRMS) which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that we shall not be responsible for any loss or damage of any sort relating to the use of the DRMS or your dealings with such third parties. The applications may also contain DRMS produced by us which allow for communication between the applications you use or download and our systems and which collect information describing your computer system in order to prevent illegal or unauthorized use of the applications.
For reasons such as improving member experience and providing customized communications to our users, we may receive information about you from third party sources and our web logs and add it to the information that we have received from you. Web logs automatically record anything a web server sees, which may include e-mail addresses you enter into a form or pages viewed by a user at a particular IP address.
Information Sharing
We will not share your personally identifiable information with third parties, aside from entities that perform services for us, such as fulfilling orders or processing payment, that either are bound to comply with our privacy policy or have privacy policies that protect your information unless you have opted-in to such sharing. If you have previously opted-in to such sharing under a prior privacy policy version, you are still considered to have opted-in under this privacy policy. As stated, and whether or not you have opted-in, we may use third parties to accept and process orders for merchandise and products, including software, and such third parties may get access to your personal information for the purposes of providing services or products to you on our behalf. In addition, if you opt-out, we may share that information with third parties who send e-mails on our behalf so that they do not e-mail you.
However, we may disclose information you provide if required to do so by law or if we have a good faith belief that disclosure is necessary to (1) comply with the law or with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect someone’s safety.
We may request demographic information from you (for example, your age, education level or household income) from time to time. We will not share that information in a manner that identifies you as an individual with any other entity, unless we let you know that at the time of collection or we have your permission. When we share demographic information with third parties, we will give them aggregate information only.
In the event that we are acquired by another company, your personal information may be part of the assets transferred to the acquiring party.
Opt-Out
If you provide us with your e-mail address, and opt-in to receive emails from us, we may email you with information, including information about selected third parties. If you do not want to receive information from us, you may decline to receive it (Opt-Out) either when you provide personal information to us or you may update your profile. You may also choose to Opt-Out from certain types of e-mail by following the unsubscribe instructions that appear on each newsletter. You may also contact us as provided below. Please note that there might be a brief delay between when you submit your request to opt-out and when it is processed and reflected in our systems; accordingly you might continue to receive e-mails from us for a few days after you unsubscribe. We maintain records of those users who opt-out of specific e-mail options so that we do not e-mail them with respect to those types of e-mails, and we may share this information with third parties who send e-mails on our behalf so that they do not e-mail you; this information may also be contained in web logs (see above).
Children Under 13
Our site is not directed to children under the age of 13. We assume products purchased through credit card means are purchased by adults. We respect the privacy of parents and children and are committed to complying with the Children’s Online Privacy Protection Act (COPPA). On those areas of the sites that ask for age, we do not collect personal information from individuals who identify themselves as under the age of 13 except in those limited circumstances where we believe that such collection is permitted under COPPA.
If a parent believes that his or her child has submitted personal information to us, he or she can contact us via e-mail or postal mail as listed below. We will promptly delete the information upon learning that it relates to a child under the age of 13. Please note that it is possible some of this information may remain archived in web logs and back-up archives after we delete the information from its active database (see above regarding web logs, and below regarding archived information).
We believe that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from otherwise disclosing online their name, address and other personal information without parental permission.
Other
We have security measures in place to protect the loss, misuse and alteration of the information under our control. These include a firewall to prevent unauthorized access to our systems and maintenance of registration information in a separate database. Although we will exercise reasonable care in providing secure transmission of information between your computer and our servers, we cannot ensure or warrant the security of any information transmitted to us over the Internet and we accept no liability for any unintentional disclosure.
We may offer chat, user reviews, multi-player games, bulletin board, or other public functions and any posting by you is considered public information available to other users. Any posting is governed by our Terms of Use. You should take care to not use personal information in your screen name or other information that might be publicly available to other users.
Your personal information is password-protected, and you should take appropriate measures to protect the secrecy of your password. If you use a computer in a public place or share a computer with others, remember to sign out and close your browser window when you finish a session with us in order to prevent others from accessing your personal information.
We maintain archives of our web logs, database, and other systems and information. Please note that it is possible some of this information may remain archived after we delete the information from its active database (see above regarding web logs). We maintain archives for disaster recovery, legal and other non-marketing purposes.
If you are visiting our site from outside the United States, please be advised that because we operate internationally, and certain of our computer systems are currently based in the United States, your personal data will be processed by us in the U.S. where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. By using the Web Site, you consent to any such transfer of information outside of your country.
Profile
You are responsible for maintaining the accuracy of your profile by notifying us when you change your address, title, phone number, or e-mail address. If at any time you wish to update your information or stop receiving communication from us, sign in and then select update your profile to change your personal details.
Contact
Please address comments or questions regarding this Privacy Policy to us as follows:
Kontraband Limited, 5 Calvert Avenue, Shoreditch, London, E2 7JP
or as to a successor address that we make available on the Site or through other reasonable manner. You may also send us an e-mail at hello@kontraband.com
Binding Agreement
Your use of our site, including any dispute concerning privacy, is subject to this Privacy Policy and our Terms of Use. By using our Site, you are accepting the practices set out in this Privacy Policy and our Terms of Use. We reserve the right to modify this Privacy Policy at any time by posting the changes on this page. Please check the revision date at the bottom of this page to determine if the statement has been modified since you last reviewed it. Your continued use of any portion of our Site following posting of the updated Privacy Policy will constitute your acceptance of the changes.
Revised: 2nd June 2008
