Terms and Conditions

PezCA Terms and Conditions ( Para Espnaol Términos y Condiciones)

Welcome to PezCA, a service brought to you by Fecop, (“PezCA”). These Terms of Use (“Terms”) govern your use of PezCA’s app and/or website and all digital products and services (collectively, “Services” or “Service”) from PezCA. These Services are provided either directly by PezCA and its subsidiaries (“we”, “us”, “our”) or through various third party platforms and devices (e.g., mobile, tablet, and widgets). By clicking Create Account, Register or similar button or icon, connecting to PezCA through a third party such as Facebook or by accessing, browsing, or using these Services in any manner, you agree to be bound to these Terms and our Privacy Policy. All references to “you” or “your,” as applicable, mean the person who accesses and uses PezCA in any manner. PezCA reserves the right to deny access to any person who violates these Terms.

We may change, add or remove portions of these Terms at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each use of the Service and by continuing to use the Service you agree to any changes. The date on which these Terms were last modified is set forth at the end of these Terms.

These Services are controlled and operated by PezCA from its offices in Costa Rica. PezCA makes no representation that materials in the service are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Service from other countries do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials (as that term is hereby defined) in violation of any law or regulation.

As is further explained below, you should be aware that the material that appears on our Services are for informational purposes only and provided by third parties. We strive to make the information as accurate as possible and to resort to reliable third parties for information, but errors may appear. We are not responsible for, and do not guarantee the performance of, goods and services provided by any of our sources of information or by any third party to whose website we link. The links on all our digital products and Services are designed for convenience only, and do not constitute an endorsement by PezCA of that site, entity, third party, or any product, service or other material offered on that site or by that entity.

Except as otherwise set forth in these Terms, as between you and PezCA, all intellectual property rights in and to the Services, including without limitation all copyrights, trademarks, images, website design elements, text, graphics, logos, buttons, icons, Materials, other content, the presentation, selection and arrangement thereof, and all software is the intellectual property of and belongs solely to PezCA. No rights or interest in or to any of the foregoing are transferred or granted to you pursuant to this Agreement, except as follows: PezCA hereby grants you a revocable, non-transferable, non-sublicensable, limited license to access and use the Services, and the Material and Content therein, solely for personal and non-commercial purposes, in the method and manner approved by PezCA from time-to-time subject to these Terms and all other applicable policies, requirements, and agreements from PezCA or its licensors. You are not permitted to transfer, publish, or otherwise make available to any third party any Material (including without limitation Material downloaded or otherwise accessible or received from PezCA without PezCA’s prior written consent.

You are solely responsible for, and PezCA will have no obligation with respect to, the software and services you use to access the Services and all costs and expenses related thereto, including without limitation any operating systems, web browsers, media players, codecs, internet connections, and other software or hardware. You will not access or use the Services in a way which violates any agreement or terms and conditions between you and any third party.

By accessing, using, or subscribing to any Service, including without limitation PezCA Premium, you affirm that: (a) you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live); or (b) that your parent or guardian has reviewed this Agreement and he or she assents to these Terms on your behalf and takes full responsibility for your compliance with them. You represent and warrant to PezCA that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms, and to abide and comply with these Terms.

SUBSCRIPTION

Subscription to PezCA is entirely free and entitles you to the use of all of its benefits, such benefits chosen and defined by PezCA and subject to change at any time and in PezCA’s sole discretion and without any obligation to you. Should you subscribe to PezCA, your subscription will continue at the specified time-period and automatically renew unless and until you cancel your subscription, or we terminate it.

THIRD-PARTY PAYMENT SERVICES

If you access the Service through a mobile application or other type of third party platform, the applicable End User License Agreement for the mobile service through which you downloaded the mobile application may apply in addition to the terms of this Agreement and you agree that you are subject to such application or platforms terms in addition to this Agreement.

COPYRIGHT AND LIMITATIONS ON USE

This Agreement is personal to you, and you may not assign your usage rights to anyone or share your PezCA Account with anyone. Through providing the necessary information, such as email address and password, during the sign-up process, you create an account (“PezCA Account”). All usernames, passwords, and other credentials (“Credentials”) used in connection with the Services shall be the sole property of PezCA, and PezCA may disable access or use of such Credentials at any time in accordance with this Agreement. You are responsible for the security of your Account and the Credentials and will immediately notify PezCA of any unauthorized access or use thereof. You cannot share your username, password or other Credentials with anyone, unless otherwise agreed to by PezCA. The number of devices through which you may access your account might be limited and may change from time to time at our discretion. PezCA may, at any time in its sole discretion, discontinue or change: the Services, any Content, Materials, features, functions, data, information, links, or software offered or available through the Services or from PezCA; or the availability of the Services, without notice to you. You may cancel your subscription at any time. The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the “Content”) accessible on or available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our prior written consent, you may not use, sell, copy, reproduce, create derivative works from, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone.

OWNERSHIP OF MATERIALS

Except as otherwise noted, the information and/or software within and available through PezCA (including, but not limited to, articles, photographs, images, illustrations, audio clips and video clips, content, data and all such material collectively, the “Materials”) are the exclusive property of PezCA, its licensor or the third party providing it. All Materials might and could be copyrighted and protected by worldwide copyright laws and treaty provisions. Other than as otherwise described herein, they may not be accessed, copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without PezCA’s prior written permission. Except as expressly provided herein, PezCA grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. If you would like to reproduce or distribute any of the Materials you find on our Services in any manner other than that described in this agreement, please contact us at _________.

CONTENT RIGHTS; USER GENERATED CONTENT

As a PezCA account holder you may, or any other account holder at PezCA may, if permitted by PezCA, submit content (“User Content”) to the Service, including without limitation videos, photos, and user comments. You understand that PezCA does not guarantee any confidentiality with respect to any User Content you submit. By submitting content you waive the rights to any and all confidentiality and agree that the content will be treated as if of public domain.

You shall be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit and license such User Content as set forth herein; and you license to PezCA all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Service pursuant to these Terms.

For clarity, you retain all of your ownership rights in your User Content. However, by submitting User Content to PezCA, you grant PezCA an irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and PezCA’s (and its successors’ and affiliates’) business, including without limitation for promoting, selling, and redistributing part or all of the Service or User Content (and derivative works thereof) in any formats and through any channels. You also hereby grant each user of the Service an irrevocable, non-exclusive, royalty free license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms. The above licenses granted by you are perpetual and irrevocable.

You further agree that User Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant PezCA all of the license rights granted herein.

PezCA does not endorse any User Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and PezCA expressly disclaims any and all liability in connection with User Content. PezCA does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and PezCA will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. PezCA further does not permit User Content that contains any defamatory, libelous, pornographic, defamatory, offensive, discriminatory, hateful, or otherwise unlawful or immoral content; hate speech; illegal material; exploits minors; depicts unlawful or violent acts; violates our content guidelines, which we may update at our sole discretion; or depicts animal cruelty or violence towards animals. PezCA reserves the right to remove User Content and any associated Account without prior notice.

SERVICE SPECIFIC TERMS

PezCA or its vendors or licensors may provide certain Services (including without limitation contests, giveaways, micropages, and the Local Photos Service) subject to additional applicable terms and conditions, which will: (a) be posted or accessible on the applicable Service website or application; or (b) be set forth in a separate section of these Terms. These Terms are supplemental to any Service specific terms and conditions provided by PezCA. In the event of a conflict between these Terms and Service specific terms and conditions, the Service specific terms and conditions will control with respect to the applicable Service while these Terms will control with respect to all other Services.

YOUR CONSENT

By creating an Account, you are consenting to receive certain communications from us. For example, PezCA may send you newsletters about new PezCA features, special offers, promotional announcements and customer surveys via email or other methods. You further consent to receiving electronic communications from PezCA. These communications will include notices about your account (e.g., change in password, confirmation e-mails, authentication matters, and other transactional information) and information concerning or related to our Services. These communications are part of your relationship with PezCA and you receive them as part of the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. If you no longer want to receive certain non-transactional communications from us, simply unsubscribe link at the bottom of our email communications. Please review our Privacy Policy for further detail on our marketing communications.

You agree to maintain on file with PezCA a valid email address and regularly monitor such email address for any communication from PezCA.

TRADEMARKS

The marks and any designs associated with any marks on PezCA’s website or app otherwise in the Services are trademarks and/or service marks of PezCA or its licensors. As between you and PezCA, PezCA retains all rights, interests, and ownership in and to all such trademarks and service marks, and no rights or interest in or to such trademarks or services marks shall be transferred or provided to you. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same by you or any third party, without the prior written permission of PezCA, is strictly prohibited. Other trademarks, service marks, trade names and company logos referenced are the property of their respective owners and no right in or to the foregoing shall be transferred to you.

CONTEST AND PROMOTIONS

From time to time, we or other parties may conduct contests and/or promotions and other activities on, through or in connection with one or more the Services, including, without limitation, contests and sweepstakes (collectively, “Promotions”). In some case, you may be able to win a prize (“Prize”) as part of a Promotion. Each Promotion will have additional terms and/or rules or eligibility requirements which shall be posted or otherwise made available to you in connection therewith in accordance with applicable law. By participating in any Promotion, you agree to be bound by all such additional terms and rules and eligibility requirements in addition to these Terms.

THIRD PARTY WEB SITES, APPS, SERVICES AND SOFTWARE

Your use of any third party websites, content, data, information, applications, goods, services, software or materials (collectively, “Third Party Services”) is at your own risk. PezCA does not endorse any Third Party Services and makes no representation or warranty with respect to Third Party Services. PezCA shall not incur any obligation, responsibility or liability with respect to any Third Party Services and you shall look solely to the applicable third party with respect to all obligations, responsibilities, and liabilities related thereto. We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including, without limitation, their privacy policies), even if the Services’ or our logo and/or sponsorship identification is on the Third Party Services as part of a co-branding or promotional arrangement or otherwise. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use. To the extent Third Party Services are embedded or integrated into the Services, they remain subject to the privacy policy, terms of use, and other terms of the applicable third party and by accessing, viewing, or using such Services or content you agree to and accept all such third party terms applicable to the Third Party Services.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless PezCA, its subsidiaries, affiliates, licensors, directors, officers, employees, agents, donors, third party information providers, customers, users, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees and expert witness fees) arising out of or related to: your conduct; your use or inability to use the Service; your breach or alleged breach of these Terms or of any representation or warranty contained herein; your unauthorized use of PezCA Content; any User Content you provide or which is otherwise submitted using your Account, including without limitation the use, submission, sale, upload, or provision of any image, logo, photograph, or other User Content which infringes on any third party’s intellectual property right or other right; your violation of, or failure to obtain, any license with a third party with respect to any User Content; your fraud, misrepresentation, negligence, or misconduct; or any other action or omission by you which violates or results in the actual or alleged violation of any third party’s rights.

DISCLAIMER OF WARRANTIES AND LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THESE SERVICES AND THE INTERNET GENERALLY, PEZCA IS PROVIDING THE SERVICES AND ALL CONTENTS, MATERIALS, INFORMATION, USER CONTENT, PHOTOGRAPHS, IMAGES, AND OTHER DATA SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS. PEZCA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, CONTENTS, MATERIALS, USER CONTENT, PHOTOGRAPHS, IMAGES, AND OTHER DATA, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF CURRENTNESS, CORRECTNESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE MATERIALS AND PEZCA WITH HAVE NO RESPONSIBILITY OR OBLIGATION RELATED THERETO. PEZCA MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES OR ANY MATERIALS, INFORMATION, CONTENT, OR USER CONTENT WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PEZCA (INCLUDING ITS EMPLOYEES, DIRECTORS, OFFICERS, DONORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, OR REPUTATIONAL DAMAGE) ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES, OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY PEZCA OR ANY THIRD PARTY, EVEN IF PEZCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITH RESPECT TO THE THIRD PARTY SERVICES AND ANY OTHER PRODUCTS OR SERVICES PROVIDED BY ANY THIRD PARTY, PEZCA SHALL HAVE NO LIABILITY OR OBLIGATION OF ANY NATURE OR TYPE RELATED THERETO, AND YOU WAIVE ANY AND ALL RIGHTS AND CLAIMS AGAINST PEZCA RELATED TO OR ARISING OUT OF SUCH THIRD PARTY SERVICES AND OTHER PRODUCTS AND SERVICES PROVIDED BY A THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY WITH RESPECT THE FOREGOING SHALL BE TO BRING ACTION AGAINST AND RECOVER FROM SUCH THIRD PARTY DIRECTLY.

WITH RESPECT TO YOUR OR ANY OTHER PERSONS USER CONTENT OR UPLOADED MATERIALS, PEZCA SHALL HAVE NO LIABILITY OR OBLIGATION OF ANY NATURE OR TYPE RELATED THERETO, AND YOU WAIVE ANY AND ALL RIGHTS AND CLAIMS AGAINST PEZCA RELATED TO OR ARISING OUT OF ANY SUCH USER CONTENT OR OTHER UPLOADED MATERIALS. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY WITH RESPECT TO THE FOREGOING SHALL BE TO BRING ACTION AGAINST AND RECOVER DIRECTLY FROM THE USER PROVIDING SUCH USER CONTENT OR UPLOADING SUCH MATERIALS.

UNDER NO CIRCUMSTANCES SHALL PEZCA OR ITS SUBSIDIARIES, AFFILIATED COMPANIES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, INFRINGEMENT, OR LOSS OF USE, DATA OR OTHER INTANGIBLES) THAT RESULT FROM: THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT; ANY INFORMATION OR DATA IN THE SERVICES BEING INACCURATE, INCOMPLETE, FALSE, MISLEADING, INFRINGING, OR OTHERWISE DAMAGING IN ANY MANNER; OR ANY USER CONTENT, PHOTOGRAPHS, MATERIALS, OR OTHER DATA PROVIDED BY ANY CUSTOMER OR USER OF PEZCA OR THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PEZCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE EXTENT PEZCA HAS ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY OTHER PRODUCTS OR SERVICES OFFERED BY PEZCA OR ANY THIRD PARTY, PEZCA’S MAXIMUM TOTAL AGGREGATE LIABILITY SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES IN AN AMOUNT EQUAL TO THE LESSER OF (A) THE FEES PAID BY YOU TO PEZCA FOR ACCESS TO OR USE OF THE SERVICES OVER THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of PezCA’s website, Services, or other products and services, you agree you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

MODIFICATION AND FEEDBACK

PezCA reserves the right, but has no obligation, to release new or updated versions of the Services, or otherwise modify or discontinue any Service or portion thereof, at any time and in its sole discretion. Such modifications may include, or disable, certain features, functionality, or content. To the extent you make any suggestions, submit ideas, provide comments or feedback, or otherwise recommend or identify any actual or potential new service or any modification or improvement to a Service to PezCA (collectively “Feedback”), you: (a) represent and warrant to PezCA that the Feedback and all content therein belongs solely to you and does not infringe on the intellectual property rights or other proprietary interests of any third party; (b) upon sending such Feedback you grant to PezCA an irrevocable, worldwide, royalty free, transferable, and sublicensable license to the Feedback and all ideas, concepts, and other intellectual property therein; (c) you will have no right or interest in or to any development, software, product, Service, feature, function, or other development by PezCA which incorporates all or any portion of the Feedback.

JURISDICTION; ARBITRATION; MISCELLANEOUS

These Services are created and controlled by Fecop or its licensors. The laws of the Republic of Costa Rica will govern all terms, conditions and disclaimers on these Services, without giving effect to any principles of conflicts of laws. You and PezCA agree that, except as otherwise explicitly set forth herein, all claims, controversies, and disputes arising out of or relating to these Terms, Service specific terms or conditions, the Services, Content, Materials, User Content, or otherwise which are not resolved by negotiation between the parties shall be submitted to binding arbitration in San José, Costa Rica, before a single arbitrator in accordance with the rules and procedures of the International Center for Conciliation and Arbitration of the American Chamber of Commerce in San Jose, Costa Rica. To the extent any claim is permitted outside of arbitration, the exclusive jurisdiction of any such claim or dispute shall be the appropriate judicial court in Costa Rica. Each party hereby irrevocably waives any right to a trial by jury in connection herewith and to trial in any other jurisdiction.

Any rights not expressly granted herein are reserved. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. Failure of PezCA to enforce a right under these Terms will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. These terms, along with any Service specific terms and conditions, represent the entire understanding between you and PezCA and supersedes any prior agreements, statements, or representations in any manner or form.

Privacy Policy

OUR PROMISE

Fecop (“PezCA”, “we”, “our”, or “us”) respects your privacy and strives to earn and keep your trust.

This Privacy Policy applies to information we collect from all sources, including without limitation in connection with our websites, mobile sites, applications, widgets, and electronic newsletters or communications (collectively the “Services”) that link to this Privacy Policy.

Questions regarding this policy and our practice should be directed to PezCA Support, by e-mail to ________, or by postal mail to Fecop/PezCA, ___________________.

Privacy Policy
This Privacy Policy is incorporated into and subject to our Terms of Use (“Terms”). It tells you what information we collect, how we protect it and what choices you have about how that information is used. Most information collected is to enable us to best meet the needs of our users, as action sports participants, in a highly customized and responsive manner, however we may also use collected information for business reasons, such as analytics, evaluation of the Services, improvement of the Services, and other uses set forth herein.

Any capitalized terms used but not defined herein shall have the meaning provided for such terms in the Terms.

Children’s Privacy
Protecting the privacy of young children is especially important. For that reason, PezCA does not knowingly collect or maintain personal information from persons under 13 years-of-age. If PezCA learns that personal information of persons under 13-years-of-age has been collected on or through the Services, PezCA will take the appropriate steps to delete this information. If you are the parent or legal guardian of a child under 13 who has become a registered user or subscriber of PezCA or any of the Services or otherwise set up an Account, then please contact PezCA at Support@PezCA.com to have that child’s account terminated and personal information deleted.

Public Forum Discussions and Comments
Please note that any information that you reveal in a public forum (such as a bulletin board or comments) will be seen by third parties not related to PezCA and is therefore not subject to this privacy policy. All such information may be disclosed, used, or reproduced by PezCA in accordance with our Terms.

SECTION 1 – PERSONAL INFORMATION WE COLLECT

We collect information from you, and about you from third parties, in the following ways:

1. Your submission of information in connection with subscribing to alerts or newsletters.
2. Your submission of information in connection with your creation of an Account, enrollment in the Services, or creation of a profile on our Website, through an application, or otherwise.
3. Information received from you, from various scripts, analytics tools, and other software on our website or in the Services, or which is generated as a result of your interaction and use of our website, including without limitation any photographs, videos, comments, or other data you may upload and any meta data contained therein.
4. Through cookies, web beacons, tracking technologies, and similar technologies, whether implemented by us or any third party.
5. Information submitted by or obtainable from your internet service provider, software, computer, mobile device, or other method of accessing the Services (which you may be able to control through the settings of your software and devices).
6. Information received from third parties, including without limitation information submitted by or available from any marketplace, store, social media network, or other service, website, or application that you use, which refers you to PezCA, or which contains or embeds any of the Services, Content, or User Content.

The information we collect will vary based on your use of the Services and information, actions you elect to take, and based on such actions the information and data you elect to submit (for example, if you elect to create an Account certain information will be requested, some of which is required to create the Account and some of which is optional).

Based on the foregoing, the information we collect may include:

1. Personal identification information, including without limitation your name, email address, phone number, address, zip code, and age, user name, and password.
2. Device and connection information, including without limitation details regarding your IP address, browser, operating system, screen display.
3. Usage information, including without limitation what parts of our Services you are using, the length of time using the Services or any portion thereof, your interactions with the Services, and the frequency of your use of the Services or any portion thereof.
4. Location information, to the extent provided or available from your internet service provider, device, software, or User Data.
5. Tracking information and related personal information, including without limitation browsing patterns, history, referral source, search terms leading you to the Services, to the extent obtainable using cookies, beacons, website analytic services, or similar technologies.
6. Information we receive from any third party, affiliate, referral source, a separate user of the Services, marketplace, store, social media network, or other service, website, or application that you use, which refers you to PezCA, or which contains or embeds any of the Services.
7. Information embedded in any User Content you submit, including any meta data, which may include without limitation identification information regarding the device which captured and/or edited such User Content, location information, personal information, technical information, or other information.

PezCA does not store any credit card information. PezCA uses a third party vendor which directly receives and stores personal credit card data, and manages credit card processing for subscriptions and transactions.

SECTION 2 – USE AND DISCLOSURE OF PERSONAL INFORMATION

Except as set forth herein, your personally identifiable information will not be knowingly provided by PezCA to third parties without your explicit permission. PezCA may provide your information to third parties in aggregate with others’ information, which does not allow you to be identified or contacted (“Aggregate Information”). For example, we might inform third parties regarding the number of users of our site and the activities they conduct while on our site. We might also inform a pharmaceutical company (that may or may not be an advertiser on our site) that “30 percent of our users live east of the Mississippi” or that “25 percent of our users have looked into wind charts in Orange County.” Depending on the circumstances, we may or may not charge for this information.

Among other uses set forth in this policy, we may use and/or disclose information we receive from you to:

1. Provide the Services to you or send any information to you, including alerts, newsletters, or other materials.
2. Enable you to access or use of certain Services, functionality, Content, User Content, Materials, or other portions thereof.
3. Enable our interactive tools to function properly.
4. PezCA employees, contractors, and agents in order to operate, optimize, improve, and/or further develop any of the Services.
5. Send messages to you, notice to you, or otherwise communicate with you regarding your Account, the Services, and any customer service or technical support.
6. Send periodic emails or other communications to you.
7. Present User Content or comments you upload on our website or otherwise incorporate such User Content into the Services for other users to access and view.
8. Administer any surveys, promotions, rewards, or other programs run by PezCA or its vendors from time-to-time.
9. Perform statistical analysis, customer evaluation, and other administrative or business analysis for our own internal purposes.
10. Create aggregated information to provide to advertisers as described above.
11. To third parties as necessary to submit and process payments, collect any amounts owed, or otherwise address any payment obligations or issues.
12. Enforce any of our rights under the Terms, this Privacy Policy, any Service specific terms and conditions, or any other rights we may have.
13. A third party, subject to a reasonable obligation of confidentiality, in connection with any merger, acquisition, asset sale, financing, or other capital transaction.
14. Third party suppliers and service providers, subject to reasonable confidentiality obligations, to the extent necessary for any portions of the Services or additional functionality associated with the Services to be provided to you.
15. Professional advisors for business purposes.
16. Governmental authorities, regulatory bodies, law enforcement, or other authorized persons to the extent required by law or deemed by us to be necessary, appropriate, or in the best interests of PezCA or the public in connection with a request from the foregoing.
17. With consultants hired by PezCA, subject to reasonable confidentiality obligations, for the purposes of improving the Services or our business.
18. You or any person with your Credentials.
19. To the extent the permissions in your Account are set to allow it, to affiliated or unaffiliated third parties for marketing purposes.

SECTION 3 – SECURITY

We use encryption and authentication tools to protect the security of personal information that you share with us. However, no data transmission over the internet (or, with respect to our mobile services, over cellular phone networks) can be guaranteed to be 100% secure. As a result, while we strive to protect Personal information, we cannot and do not guarantee or warrant the security of any information you transmit to or from the Service, and you do so at your own risk.

Except as set forth herein, we restrict access to your personal information such that those PezCA employees, contractors, and agents who need to know such personal information in order to operate, develop or improve our Services or otherwise fulfill their obligations to us are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Notwithstanding anything to the contrary herein, we will have no obligation for the security, privacy, or confidentiality of any information which:

1. Is submitted to a third party as authorized under the terms of this Privacy Policy.
2. You provide, directly or indirectly, to a third party, including without limitation through use of the Services of such third party, including without limitation through loading or clicking on any advertisements, accessing any information hosted by a third party, or otherwise submitting any information directly to such third party.
3. Is in transit over the internet, as you are solely responsible for securing your connection, software, and hardware.
4. Is disclosed as the result of the unauthorized access or use of such information from PezCA which is (i) outside of PezCA’s reasonable control or (ii) is not prevented by PezCA’s reasonable security practices.

You are responsible for the security of all software, hardware, and devices you use in connection with the Services. You will ensure that you run proper anti-virus software, firewalls, anti-malware software, and enact any other necessary security measures to prevent the unauthorized access or use of the Credentials or the Services, or the capture of any personal or other information from you as a result of any keyloggers, virus, trojan, or other objectionable software.

We have no obligation with respect to any User Content you submit, including without limitation user comments, photographs, videos, and other media, and all such User Content will be shared or publicly available in accordance with the functionality of the Services. If you provide any User Content which contains personal information, location information, or other information, you are agreeing that such information may be made public and disclosed to all users of the Services.

SECTION 4 – YOUR PRIVACY CHOICES

If you would like to opt out from our sharing of your personal Information with unaffiliated third parties for the third parties’ direct marketing purposes you may do so exclusively through the following methods: (a) using an unsubscribe link in a communication from us; (b) by adjusting your settings in your Account through our website; or (c) contacting support at support@PezCA.com and requesting that we opt you out of such sharing. We may ask you to provide additional information for identity verification purposes, or to verify that you are in possession of an applicable email account. If you have signed up to receive our e-mails and prefer not to receive marketing information from this Service, follow the “unsubscribe” instructions provided on any marketing e-mail you receive from this Service.

Any unsubscription or opt-out from our sharing of your personal information or communications in accordance with this Privacy Policy will be effective after we have received your request, verified your identity (if applicable), and had a reasonable time to implement your request.

California Residents — Your California Privacy Rights
California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the business’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place.

As discussed above in Your Privacy Choices, if you wish to opt-out of our sharing of your personal Information with third parties for the third parties’ direct marketing purposes or to find out more about your opt-out rights, please contact PezCA support as described above.

SECTION 5 – COOKIES AND WEB BEACONS

To enhance your online experience, we use “cookies” or similar technologies. Cookies are text files placed in your computer’s browser to store your preferences. Cookies do not contain personally identifiable information; however, once you choose to provide a site with personally identifiable information, this information may be linked to the data stored in the cookie.

We use cookies to understand site and Internet usage and to improve or customize PezCA content, offerings or advertisements. For example, we may use cookies to personalize your experience with PezCA (e.g., to recognize you by name when you return to a site), save your password in password-protected areas, and enable you to use interactive products on our sites. We also may use cookies to help us offer you products, programs, or services that may be of interest to you and to deliver relevant advertising on PezCA or other websites you visit.

We, our third party service providers, advertisers or our partners also may use cookies to manage and measure the performance of advertisements displayed on or delivered by or PezCA. This also helps us, our service providers, and partners provide more relevant advertising. For more information regarding third-party ad servers, see “Collection of Information by Third-Party Sites, Ad Servers, and Sponsors” below.

We, our third party service providers, advertiser or our partners may also use “web beacons” (also known as clear gifs or pixel tags) or similar technologies, which are small pieces of code placed on a web page, to monitor the behavior and collect data about the visitors viewing a web page. For example, web beacons may be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. We use other technologies that are similar to cookies, such as browser storage and plugins (e.g., HTML5, IndexedDB, and WebSQL). Like cookies, some of these technologies may store small amounts of data on your device.

You can change your privacy preferences regarding the use of cookies and similar technologies through your browser. You may set your browser to accept all cookies, block certain cookies, require your consent before a cookie is placed in your browser, or block all cookies. Blocking all cookies will affect your online experience and may prevent you from enjoying the full features offered at PezCA. Please consult the “Help” section of your browser for more information.

SECTION 6 – COLLECTION OF INFORMATION BY THIRD-PARTY SITES, AD SERVERS, SPONSORS

Some of our Services contain links to other sites whose information practices may be different than ours. Visitors should consult the other sites’ privacy notices as we have no control over information that is submitted to, or collected by, these third parties. PezCA Services covered by this privacy statement sometimes may offer content (e.g., contests, sweepstakes, or promotions) that is sponsored by or co-branded with identified third parties. By virtue of these relationships, the third parties may obtain personally identifiable information that visitors voluntarily submit to participate in the site activity. We have no control over these third parties’ use of this information. The site will notify you (in its privacy policy or elsewhere) at the time of requesting personally identifiable information if these third parties will obtain such information.

We also use the services of reputable third parties to provide us with data collection, reporting and web analytics, as well as to assist with delivery of relevant content, marketing messages and advertisements. These third parties may view, edit or set their own cookies. We, our third party service providers, advertisers and/or partners may also place web beacons for these third parties. The use of these technologies by these third parties is subject to their own privacy policies and is not covered by this privacy statement. We will have no obligation or responsibility with respect to any information collected by a third party. For more information on how our sites may use third-party ad servers and your ability to opt-out of targeted advertising from such third party ad servers, please see the section below on “Third Party Ad Servers”.

Any information linked to on a third party website or domain, or embedded in the Services but hosed on a third party domain, belongs to such third party and any information submitted or collected as a result of the access or use thereof is subject to the privacy policy of such third party.

SECTION 7 – THIRD PARTY AD SERVERS

Our advertising service vendors and other third parties will at times also use Tracking Technologies to serve you advertisements tailored to interests you have shown by browsing on this website and other sites, applications, destinations, and services you have visited, and for other lawful business purposes. In doing so, these third parties will collect non-personally identifiable data including for example the make, model, settings, specifications (e.g., CPU speed, connection speed, browser type, operating system, device identifier) and geographic location of your computer, mobile or other device, as well as date/time stamp, IP address, pages visited, time of visits, content viewed, ads viewed, the site(s), application(s), destination(s), and/or service(s) you arrived from, and other clickstream data. The use of Tracking Technologies by third parties is subject to their own privacy policies, not this Privacy Policy, and we have no responsibility or liability in connection therewith. If you do not want the services that Tracking Technologies provide, you may be able to opt-out of certain of such Tracking Technologies or limit such Tracking Technologies by visiting http://optout.networkadvertising.org, using script-blockers, and modifying the tracking options in your web browser, phone, computer, or other device or software. We do not guarantee that any such actions will prevent or limit the Tracking Technologies or that any opt-out decision will be honored by any third party.

SECTION 8 – UPDATING YOUR PERSONAL INFORMATION AND CONTACTING PEZCA

You can always contact us in order to delete your Personal information from our systems by e-mailing us at support@PezCA.com. You can always update the Personal information that you have provided to us and change your Privacy choices by updating the “My Account” section on the web site.

Any other questions? Contact PezCA Support at support@PezCA.com

INTERNATIONAL CONSIDERATIONS

We are headquartered in the United States and any information that you submit or we otherwise obtain will be transferred to, collected, and held in the United States. We may subsequently transfer such information to any other country or jurisdiction in connection with the authorized uses and disclosures of information set forth herein. By using the Services you consent to the collection transfer, storage, and processing of your information in the United States and agree that all use of your information will be governed solely by the laws of the United States.

DO NOT TRACK DISCLOSURE

Some browsers or other tools include “Do Not Track” (DNT) features which, when turned on, send a signal to websites you visit indicating that you do not wish to be tracked across websites over time. The Worldwide Web Consortium (W3C) has been working with industry groups and regulators to develop a DNT browser technology standard to provide a common understanding as to how to interpret the DNT signals, but to date no standard has been adopted. Since there is no standard at this time, PezCA does not currently respond to DNT signals.

CHANGES TO THIS PRIVACY POLICY

PezCA may change this Privacy Policy at any time by posting revisions to our site. We will not reduce your rights under this Privacy Policy without your explicit consent, and we expect most such changes will be minor. In the event that any changes are made to use of your Personal information, you will be informed via e-mail, and will afford you the opportunity to opt-out of any further use. Your use of the site constitutes acceptance of the provisions of this Privacy Policy and your continued usage after such changes are posted constitutes acceptance of each revised Privacy Policy. If you do not agree to the terms of this Privacy Policy or any revised policy, please exit the site immediately.