Tellzea™ Site Policies

Last updated: 11/05/2013

Tellzea Terms of Use

Please read the following Terms carefully. Conditioned upon your acceptance of these Terms of Use ("Terms") and Privacy Policy (available at http://www.tellzea.com/policies), the Ballantine Communications, Inc. (BCI) grants you permission to access and use its website (the "Site") as set forth in these Terms.

The Terms and Privacy Policy may change from time to time. BCI may modify these Terms of Use and/or the Privacy Policy effective immediately upon notice to you either by (1)electronic mail and/or (2)posting to the Site (which shall be deemed constructive notice). Your continued use of the Site following notice of any modification shall be conclusively deemed an acceptance of all such modification(s).

  1. Ability to Accept Terms and Registration

    You affirm that you are either (1) more than 18 years of age, or (2) more than 13 years of age and either (a) an emancipated minor, or (b) possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You also affirm that any registration information that you submit to Tellzea is truthful, current, and accurate, and you agree to make reasonable efforts to update such information as necessary.

  2. Your Use of the Site

    The Site provides an online business directory and web presence where you can interact with businesses. You are solely responsible for your interactions on the Site. BCI does not control, is not responsible for, and does not guarantee the accuracy, integrity, or quality of the content made available through the Site by Users of the Site. By using the Site, you may be exposed to content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. By using the Site, you agree to accept such risks and you agree that BCI is not responsible for the acts or omissions of other Users on the Site. You agree that you must evaluate, and bear all risks associated with, your use of and reliance on the Site. You also agree that under no circumstances will BCI be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of the content posted, emailed or otherwise made available via the Site.

    The Site may provide information about events or promotions by a business that allows you to purchase different types of products and services provided by the business. BCI is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these events, promotions, products, or services. If you make a purchase from a merchants site or sites linked to the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. A merchant may have separate privacy and data collection practices. For more information regarding a merchant, its online store, and its privacy policies, go to that merchant's site or contact the merchant directly. You agree that BCI has no responsibility or liability for any other merchants independent practices, and you waive all claims against BCI for any harm or damage arising from your use of such merchants sites, services, or goods, including when such sites, services or goods are accessed through the Site. You release BCI and its partners, affiliates, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and content providers from any damages that you incur arising from or relating to your purchase or use of any products or services accessed through the Site.

  3. Links

    BCI has no control over, and is not responsible for, the Terms of Use, Privacy Policy, or content of any sites that may be linked to the Site. Those links are provided for your convenience only.

    Unless otherwise prohibited under these Terms, you may create hyperlinks to the Site, provided that the hyperlink accurately describes the content as it appears on the Site. BCI reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you "frame" or "embed" or "stream" the Site, or any of its content, or copy portions of the Site to a server, except as part of an Internet service providers incidental caching of pages. Any such link must result in the display of the applicable page of the Site in its entirety (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Site.

  4. Reproduction or Distribution of Site Contents

    BCI owns and operates the Site. You may not copy, reproduce, or distribute (or facilitate someone else in copying, reproducing, or distributing) any part of the content placed on the Site by BCI for any purpose other than individual viewing of the Site or to engage in non-commercial fair use and fair comment, unless you get the advance, express written consent of BCI.

    When downloading or sharing content, Users must keep intact all copyright and other notices contained in the contents. Any modification of the contents or use of the contents for any other purpose, including but not limited to commercial use or commercial redistribution, may violate BCIs copyright and other proprietary rights. Any use of the contents of the Site via any other web site or other networked computer environment, including but not limited to framing or remote replaying, is prohibited. Nothing contained on this Site intends to grant an implied or express license or right to use anything contained on any Site except as expressly set forth in these Terms. Any other use is strictly prohibited.

  5. Code of Conduct for Submissions

    You are entirely responsible for all reviews and/or votes that you post or otherwise make available through the Site ("Submissions"). By making Submissions, you represent and warrant: (a) the Submissions are true, accurate, current and complete and do not violate these Terms; and (b)the Submissions will not cause injury to any person or entity. In addition, you must adhere to the following:

    1. You may post reviews about and place votes concerning a business only in the manner provided on the Site.
    2. All comments provided in the review and all voting must be truthful.
    3. All comments provided in the review and all voting must be fair, timely, and objective and unrelated to personal issues or other subjective circumstances.
    4. All comments must relate to events that have occurred within the past year.
    5. All comments must be presented in a manner suitable for a public forum.No profanity or indecent language is permitted.Any comments that create or contribute to a negative social stigma are also prohibited.By way of example only, and without limiting the foregoing, negative social stigma would include statements that a business property is "haunted" or references to a person having a communicable disease.
    6. You must provide specific facts in the review that would permit the business to respond.
    7. You may not post a review of a business or place votes relating to a business with which they are personally or financially affiliated in any way.BCI retains all discretion to determine whether this provision has been violated.
    8. You may not post reviews of a business or place votes relating to a business if you are a competitor of that business, or are personally or financially affiliated with a competitor of that business.BCI retains all discretion to determine whether this provision has been violated, including whether you are a competitor.
    9. Businesses have the right and opportunity to post a response to a review, which will be posted as long as the review is posted and which must also comply with these Terms.
    10. BCI retains complete discretion as to how long reviews and votes will remain posted.
    11. The business that was reviewed or received a vote has the right to file a written complaint to BCI stating that the review or vote does not comply with these Terms and explaining why.
    12. BCI retains all discretion to reject or to remove a review or vote for failure to comply with these Terms.You will have no right to reconsideration, a second decision or an appeal of BCIs decision to remove a review or vote. BCI's decision will be final.
    13. If your review or vote is removed for failure to comply with these Terms, you may lose the privilege to participate in the review/voting system.The decision to deny the privilege to submit further reviews/votes is within BCIs complete discretion.
    14. Upon violation of any of the provisions of these Terms you may be blocked from posting reviews or voting.
  6. Permission for Use of Submissions

    The copyrights in Submissions are held by the individual creators of the Submissions. You grant BCI a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, copy, modify, create derivative works of, distribute, display, perform, archive and store the Submissions for any purpose, in any form, media, or technology of any kind now existing or developed in the future for the full term of any rights that may exist in the Submissions. The foregoing license includes, but is not limited to, BCIs use of the Submissions in the BCIs print and online publications, any advertising or promotion of same, and other media projects. You explicitly agree that BCI may reproduce, in whole or in part, modified or otherwise, any content that you submit through the Site or in print format. You hereby waive any right to inspect or approve any versions of the Submissions or other use of the Submissions by BCI and any right to compensation for BCIs use of the Submissions.

  7. Agent to Receive Notification of Claimed Infringement

    BCI does not knowingly publish (or permit individuals to publish) copyrighted material without permission. If you believe that any material published on the Site has been used in a way that constitutes copyright infringement and if you are authorized to act on behalf of the owner of the copyright that is allegedly infringed, please notify BCIs Copyright Agent of any alleged infringement. Your notice to the Copyright Agent should be in the form of a written, signed statement containing the following information: (1)a description of the infringing material; (2)a description of the copyrighted work(s) that you believe has been infringed; (3)the name of the owner of the copyright; (4)your name; (5)your address, telephone number and/or email address; (6)a statement that you have a good faith belief that the allegedly infringing use was not authorized by the owner, an agent for the owner, or by law; (7)a statement that all of the information you have provided is true; and (8)a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner.

    Your statement must be sent BCI by U.S. mail, fax, or e-mail, addressed as follows:

    Ballantine Communications, Inc.
    Attn: DMCA Copyright Agent
    1275 Main Avenue, Suite 300
    Durango, CO 81301
    Tel: 800-558-7024
    Fax: 866-724-0917
    E-mail: services@bcimedia.com

  8. Termination

    You agree that BCI may terminate your use of the Site at any time, with or without cause. You agree that BCI will not be liable to you or any third party as a result of such termination. The prospective obligations of these Terms will survive termination of your access to the Site or these Terms.

  9. No Warranties

    The contents of the Sites are provided "as is" and without any warranty of any kind, whether express or implied. To the fullest extent permitted by applicable law, BCI disclaims all express or implied warranties of merchantability, warranties of fitness for a particular purpose, and all other express or implied warranties. BCI expressly disclaims any warranty that the functions contained in the contents of the Site will be uninterrupted or free of errors, that defects will be corrected, or that the Site or the server that makes the Site available are free of viruses, worms, or other elements harmful to your computer system. Some states do not allow the exclusion of implied warranties, so the disclaimer of implied warranties may not apply to all users of any Site.

  10. Liability Exclusions

    You agree that BCI shall not be liable to you or to any other person for any actual, special, consequential, or any other damage that results from your use of, or your inability to use, the Site or its contents, including without limitation any (a)errors, mistakes or inaccuracies of content; (b)personal injury or property damage of any nature whatsoever, resulting from your access to and use of the Site; (c) unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (d)interruption or cessation of transmission to or from the Site; (e)bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Site by any third party, and/or (f)errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the Site, whether based on warranty, contract, tort or any other legal theory, and whether or not BCI is advised of the possibility of such damages.

    If you post, transmit, or submit to the Site anything in violation of these Terms, you agree to indemnify BCI and its agents, successors, and subsidiaries for any and all claims, damages, demands, injuries, or losses arising from whatever it was that you posted, transmitted, or submitted.

  11. Arbitration of Disputes

    All claims arising from a dispute or matter in question relating to the Terms or your use of the Site shall be decided by binding arbitration before a single arbitrator in the State of Colorado. Notice of the demand for arbitration shall be provided in writing. The notice and all subsequent procedures shall be in a format approved by the American Arbitration Association ("AAA") pursuant to the Commercial Rules of the AAA, and pursuant to the laws of the State of Colorado. Judgment at arbitration may be entered in any court having jurisdiction thereof. Judgment of the arbitrator shall be final and binding, and each party to this Agreement ("Party") expressly waives its right to an appeal and/or jury trial. Subject to any limitations of liability set forth herein, the arbitration award may include compensatory (meaning actual) damages, but under no circumstances shall the arbitrator be authorized to, nor shall the arbitrator, award punitive damages or multiple damages against either Party. The prevailing Party shall be entitled to recover its costs, fees and expenses, including reasonable attorneys fees in connection with the arbitration. Until such a determination, each Party shall bear its own costs.

  12. Severability; Entire Agreement

    If any portion of the Terms is held to be invalid, you agree that such invalidity is not intended to affect any other portion of the Terms. The Terms and Privacy Policy (available at http://www.tellzea.com/policies) and any applicable BCI Service Agreement for business members, contain the entire understanding between you and BCI governing your use of the Site.



Tellzea Privacy Policy

PLEASE READ THIS POLICY CAREFULLY BEFORE USING THIS SITE. Your use of the Tellzea website ("the Site") shall indicate your understanding and acceptance of this Privacy Statement.

Internet technologies are rapidly evolving and the underlying business models are evolving with them. Accordingly, this Privacy Policy is subject to change. Any such changes will be posted on this page.

In addition, please be aware that the Site is not intended for children and the Site does not intend to collect any personally identifiable information from children. Only adults should provide us with such information.

  1. What information do we gather and/or track about you?

    When you visit the Site, there are three types of identifiable information you might provide to us: (A)registration information, (B) information you knowingly choose to disclose publicly on the Site, and (C)website use information collected by us and by third parties as you interact with on the Site.

    1. Registration Information

      In order to register as a User, you must provide certain information, including your name and email address. Children are not eligible to register or submit information through the Site.

    2. User Submissions

      Users may also choose to post information on the Site, including reviews. Please remember that if you post any of your personal information on the Site, such information may be displayed to other users of the Site and may be collected and used by others over whom we have no control. We are not responsible for the use made by third parties of information you post or otherwise make available in public areas of the Site.

    3. Website Use Information

      In addition to personal information Users choose to submit, the Site also gathers other information that may be used by BCI or shared with third parties. This information may be helpful for marketing purposes or for improving the services we offer. Generally this information is collected through traffic data reports and may entail the use of "cookies," "beacons," "IP addresses," or other numeric codes used to identify a computer and/or a computer user.

      Cookies and beacons: A cookie or a beacon, which is a type of cookie, is a piece of data stored on the Users hard drive containing information about the User. The only personally identifiable information a cookie can contain is information you supply yourself. You can refuse most cookies by turning them off in your browser, and you can also set your browser to warn you before accepting cookies. To enhance your experience, the Site employs cookies, in some cases including "flash cookies" to recognize you and to simplify your access privileges on the Site, as well as to track usage of the Site. Users who do not accept cookies from the Site may not be able to access certain areas of the Site. We also contract with third-party vendors to provide us with data collection and reporting regarding our Users activities on the Site. When you visit the Site, our third-party vendors may use cookies on our behalf and may receive information about your browsing activity on the Site.

      Third-party cookies and beacons: The Site uses advertising servers developed by third parties to display ads. Some of these ads may contain cookies that are set by third parties (i.e., advertising agencies or advertising clients). While the Site may have access to many of these cookies, and any information that they contain, the Site does not share any such cookies or information from such cookies with third parties other than those who control the cookies, i.e., the advertiser and its agents. We have no control over how the advertiser or its agents may use the cookie information that the advertiser has collected. These third parties may use cookies or java script to provide targeted or "behavioral" advertising. Consumers may choose to opt out of such tracking and advertising by participating third parties through the following link:http://www.networkadvertising.org/managing/opt_out.asp.

      IP Addresses and Log Files: The Site also logs IP addresses for systems administration and troubleshooting purposes. (Your IP address indicates the location of your computer on the Internet. It is not necessarily a unique personal identifier.) The Site does not generally link IP addresses to anything personally identifiable.

      Please note that the Site contains links to other sites. BCI is not responsible for the content or privacy policies of other websites to which the Site may link. This privacy statement applies solely to information collected by BCI at its Site.

  2. How can you "opt out" of providing personally identifying information?

    You may "opt out" altogether from providing personally identifying information to us by not registering as a User of the Site thereby not providing personal information. You may also choose at a later date to delete your registration profile and/or unsubscribe from services that you have subscribed to through the Site. However, BCI has no obligation to "take down" or "unpublish" your Submissions.

  3. What does the Web site do with the information it gathers and/or tracks?

    Fulfillment of transactions you request: BCI may use personal information to complete transactions that you request.

    Statistical Analyses and Advertising: BCI and its agents may perform statistical analyses of User behavior and inform advertisers how many consumers have seen or clicked their advertising content. BCI also uses demographic information to allow advertising on the Site to be targeted, in aggregate, to Users for whom the advertising may be most pertinent. This means that Users see the advertising that BCI and its advertisers believe is most likely to interest them, and advertisers send their messages to the people who are most likely to be receptive, improving both the User's experience and the effectiveness of the ads. In these statistical analyses and advertisement targeting, BCI will disclose information to third parties only in aggregate form.

    E-mail: Using the e-mail address provided when you register as a User of the Site, BCI periodically sends you information about the Site or services offered. BCI may also contact you regarding account status changes and/or to confirm registration. Upon your request, BCI may share your email address with businesses from whom you wish to receive email. You will only receive these e-mail promotions if you have "opted in," in other words, stated explicitly that you want to receive them.

  4. How does the Site protect its content and User information?

    We may retain indefinitely all the information we gather about you in an effort to make your repeat use of the Site more efficient, practical, and relevant. BCI takes commercially reasonable precautions to protect our Users information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place commercially reasonable physical, electronic, and managerial procedures to protect the information we collect online. Such commercially reasonable precautions, however, do not guarantee the absolute protection of your personally identifying information. You must understand that there will always be some risk that any personally identifying information that you provide to us may be released without our permission or knowledge.

  5. With whom does the Site share the information it gathers and/or tracks?

    BCI shares the information it gathers, in aggregate form, with advertisers and other partners. BCI generally does not release personal information about you as an individual to third parties, except as described in this Privacy Policy. BCI may share information about Users, including personally identifying information, if sought by legal process or requested by law enforcement, or in order to protect the rights, interests or property of BCI or the safety of our Users or the public, or to protect against unauthorized use of the Site or the integrity of the Site.

  6. Links and Third Parties

    Social networking services and other third-party service providers accessible on the Site may have additional terms of conduct, privacy policies, and privacy settings that you will be required to agree to and set when you register for such services.

  7. Revisions

    If we decide to update our Privacy Policy, changes will be posted to the Site so that Users will always know what information we gather, how we might use that information, and to whom we will disclose it.

  8. Questions

    All questions, inquiries, or concerns regarding this Privacy Policy should be directed to: 1275 Main Avenue, Durango, CO 81301, fax: 866-724-0917.

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