TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
Please be informed that certain information of visitors may be recorded by the standard operation of Home Free Internet servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes, interalia, the type of browser being used by the visitor (e.g., Netscape, Internet Explorer), the type of operating system (e.g., Macintosh, Windows) in use by the visitor, the domain name of the visitor's Internet service provider (e.g., America Online, Earthlink) internal review of the number of visitors to the sites.
Personally identifiable information that may be collected in connection with visitors voluntarily filling out contest entry forms or subscribing to newsletters or other subscription is retained by Home Free (and Home Free's designees), such as names, addresses, e-mail addresses , mobile telephone numbers, etc. This information is used to better understand visitors' use of our sites and to support transactions made on the sites. Furthermore, this data in an aggregate form may be provided to other parties for marketing, advertising and/or other uses. We sometimes also use e-mail addresses, mobile telephone numbers and other personally identifiable information to contact visitors who communicate with us. For example, we may direct short message services ("SMS") to wireless handsets to visitors who provide us with their mobile telephone numbers, e-mail to visitors who provide us with their e-mail addresses for specific purposes such as receiving our e-mail newsletters, if any, or being notified if they have won one of our contests, if any.
Some of the Home Free web sites may, place a "cookie" in the browser files of a Home Free user's computer. The cookie itself does not contain any personally identifying information. Although the cookie could enable Home Free to relate a user's use of a CRI site to information that the user has specifically and knowingly provided.
Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people.
To the extent that any of our sites accessible through Home Free has additional practices, these practices will be explained at that site.
A SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY
Home Free believes 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.
Home Free has provided links and pointers to internet sites maintained by third parties ("Linked Sites") and may from time to time provide third party materials on this site. CRI, whether or not affiliated with the Linked Sites, is not responsible for the content on the Linked Sites, and the Linked Sites are for your convenience. Neither Home Free its parent and/or subsidiary companies nor their affiliates operate or control in any respect any information, products and/or services on these Linked Sites.
The materials in Home Free's Web Sites and the Linked Sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Home Free disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and noninfringement. Home Free does not warrant that (i) the functions contained in the materials or Home Free's Web Sites and/or the Linked Sites will be uninterrupted or error-free, (ii) that defects on Home Free's Web Sites and/or Linked Sites will be corrected, or (iii) that Home Free's Web Sites, the Linked Sites and/or the servers that makes them available are free of viruses or other harmful components. Home Free does not warrant or make any representations regarding the use or the results of the use of the materials in Home Free's Web Sites or the Linked Sites in terms of their correctness, accuracy, reliability, and/or otherwise. You (and not Home Free assume the entire cost of all necessary servicing and/or repair as a result of your use of Home Free's Web Site. The information and opinions expressed in Bulletin Boards, Chat Rooms, and/or other forums conducted on a Linked Site or this site ("forums") are not necessarily those of Home Free and/or its affiliated or related entities or content providers and CRI makes no representations and/or warranties regarding that information and/or those opinions. Furthermore, neither Home Free nor its employees, and/or its affiliated and/or related entities or its content providers are responsible or liable to any person and/or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability and/or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in CRI's Web Sites and/or a Linked Site. You assume total responsibility and risk for your use of the Home Free's Web Site and Linked Sites. Home Free, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive and/or other damages arising out of or relating in any way to Home Free's Web Site or Linked Sites. Your sole remedy for dissatisfaction with Home Free's Web Site and/or site-related services is to stop using such sites and/or those services. For purposes of this paragraph the term "Home Free's Web Sites" shall include e-mails and SMSs sent by Home Free (or Home Free's designees) and the content therein.
In connection with any gifts, prizes and/or merchandise that Home Free provides to you as a result of a sweepstakes, contest and/or giveaway, you understand and agree that (i) all applicable taxes, transfers, incidentals, insurance and all incidental expenses are your sole responsibility and (ii) in exchange for your receipt and acceptance of the gift, prize and/or merchandise, you hereby for your self and your heirs, representatives, insurers and assigns, waive and release and forever discharge any and all rights and claims you may have against Home Free its employees, its affiliates and/or its related entities for any matter, cause or thing whatsoever with respect to, or arising as a result of, your entry in, participation in and/or status of a winner in such sweepstakes, contest and/or giveaway. You further understand that if you do not immediately accept such gift, prize and/or merchandise, your gift, prize and/or merchandise will be forfeited.
Any notes, message/billboard postings, ideas, suggestions, concepts and/or other material submitted by you will become the property of Home Free in perpetuity throughout the universe and Home Free shall be entitled to use at no cost to Home Free the material for any type of use forever including in any media whether now known or hereafter devised. When you submit material to Home Free's Web Sites, you agree that Home Free has the right to use, copy, sublicense, adapt, transmit, publicly perform and/or display any such material and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the material. The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, servicemark, or patent laws under any relevant jurisdiction. Home Free is not responsible for any material posted on our forums. You shall not submit and/or otherwise publish through such forums any content which:
a) libels, defames, invades privacy, and/or is obscene, pornographic, abusive, and/or threatening and/or otherwise objectionable and/or harmful information of any kind;
b) infringes any intellectual property and/or other right of any entity and/or person, including, but not limited to violating anyone's copyrights or trademarks; c) violates any law;
d) advocates illegal activity;
e) advertises and/or otherwise solicits funds or is a solicitation for goods or services;
f) restricts or inhibits any other users from using and enjoying CRI's Web Site;
g) post or transmit any information or software that contains a virus, worm, trojan horse and/or other harmful and/or disruptive component; (collectively "Non-approved Material")
You agree to indemnify Home Free and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, and expenses, including attorney's fees, resulting from your breach of any of the agreements, representations, and warranties made by you herein.
E-MAIL, SMSs AND POSTINGS
You (and not Home Free assume the entire cost to receiving e-mails and SMSs generated by the Home Free's Web Site. Do not post any threatening and/or libelous e-mails and/or material on this site that would be considered a violation of any law. Home Free will fully cooperate with any law enforcement authorities or court order requesting or directing Home Free to disclose the identity of anyone posting any such e-mails or materials.
Although the Home Free Web Site is accessible worldwide, not all products or services discussed or referenced in the Home Free's Web Site are available to all persons or in all geographic locations. Home Free reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in the Home Free Web Site is void where prohibited.
Unless otherwise specified, the materials in Home Free's Web Sites are presented solely for the purpose of entertainment and promoting music, programs, films and/or other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Home Free (or by Home Free's designee) from its offices within the State of Minnesota, United States of America. Home Free makes no representations that (i) the content on Home Free's Web Sites is appropriate or available in all locations and (ii) the content in the e-mails and SMSs generated from use of Home Free's Web Sites is appropriate or available in all locations. Those who choose to access this site from outside the United States, its territories, possessions and protectorates do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Minnesota, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Home Free bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or federal Courts located in Hennepin County, Minnesota, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, by Home Free's members, management, or attorneys.