What Personally Identifiable Information does PFM collect?
The primary purpose of collecting information from you is to provide you with a safe, smooth, effective, and personalized experience and to allow you to interact with potential roommates and property owners. We will only collect information about you that we consider necessary to achieve this purpose.
Generally, PFM collects information about you when you create an account with the Site. This includes your email address, your username, and a password of your choosing. PFM also collects information when you create a profile in the forum. Where possible, we indicate which fields are required and which fields are optional. We also collect personal information when you report a problem with our services through the Site’s feedback form or contact email addresses. If you contact PFM, we may keep a record of that correspondence.
What are “cookies” and how does iPhoneMagicApps.com use them?
Data collection devices, such as “cookies,” are used to store, and sometimes track, information about you. Generally, these cookies help provide personalized services and promote trust and safety. A cookie is a small file containing a small amount of data that is sent to your browser from a web server and placed on your computer’s hard drive to assist us in providing our services. All pages on the Site where you are prompted to login or that are customizable request that you accept cookies. Cookies are only read by the server that placed them and are unable to execute any code or virus. Most cookies are “session cookies,” and are automatically deleted from your hard drive at the end of a session.
What are IP Addresses and how does iPhoneMagicApps.com use them?
When your web browser requests a web page from another computer on the Internet, such as IPhoneMagicApps.com, it automatically gives that computer the address where it should send the information. This is called your computer's "IP address." (IP stands for "Internet protocol.") For many users accessing the Internet, the IP address will be different every time you log on. We record the IP Addresses that access IPhoneMagicApps.com along with related information such as your browser type and operating system. This information helps us, in part, learn about the geographical distribution of our website visitors and the technology they use to access our site so that we can improve our Site.
How does PFM use my information?
PFM uses your information to provide you with a customized website experience. We also may use your personal information to manage and monitor your account with us; communicate with you via email; resolve disputes; troubleshoot problems; help promote safe interactions between Users; detect and protect against error, fraud, or other criminal activity; and enforce our Terms and Conditions of Use Agreement.
Who is collecting information?
When you are using the Site and are asked for personal information, you are sharing that information with PFM. If you post in the forums on the Site, the information you disclose in the profile may be publicly available. If you use the Site to contact other Site Users, the Users you communicate with will receive information about you and other information that you may voluntarily disclose within the communication. If you do not want other Site Users to have access to your personal information, please do not post or provide any information about yourself or use the Site's communication services.
Please be advised that iPhoneMagicApps.com advertisers or Web sites that have links on our Site may collect personally identifiable information about you. The information practices of those Web sites linked to iPhoneMagicApps.com are not covered by this privacy statement.
With whom does PFM share my information?
Generally, PFM will not disclose your personally identifiable information unless we have your permission or under certain circumstances, such as those described below.
Third Party Data & Data in the Aggregate: Aggregate data (data gathered across all user accounts) may be gathered in a non-personally identifiable form to build higher quality, more useful online services by performing statistical analyses of the collective characteristics and behavior of our visitors, and by measuring demographics and interests regarding specific areas and services of the Site. Aggregate data may be disclosed in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, no personal information that could be used to identify you personally is disclosed in these situations.
Business Transaction: PFM reserves the right to transfer any and all information that we collect from visitors, or that we otherwise collect concerning or in connection with the Site, to a third party in the event of a sale or other transfer of assets or of any portion of our business. In the event PFM enters a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information may be among the assets transferred. You will be notified via a prominent notice on our Web site for 30 days of any such change in ownership or control of your personal information.
We may disclose account information where we have reason to believe that disclosing the information is necessary to identify, contact, or bring legal action against someone who may be violating the law, PFM’s Terms and Conditions of Use Agreement, or may be causing injury to or interference with (either intentionally or unintentionally) PFM’s rights or property, other Site users, or anyone else that could be harmed by such activities. PFM may disclose or access account information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our services.
We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Policy. For example, we may be forced to disclose information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Site. We use industry standard practices to protect your privacy, however, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
What are my choices regarding collection, use, and distribution of my information?
You do not have to disclose personally identifiable information to view the Site. If you choose to create an account on the Site and/or post a listing to take full advantage of all the services offered by PFM, you will need to disclose certain information as specified above. A primary purpose of IPhoneMagicApps.com is to allow Users to post listings of available rental properties and to help other Users to find potential places to live. If you decide to post a listing on the Site then other Users will see such information. In addition, if you reply to any User listing, your reply will be sent through our communication system to the User and they will be able to contact you. Users may contact us to request removal of their listing.
PFM will send you email upon the creation of your new account and new listing postings for verification purposes and may send you administrative emails from time to time. PFM may also send you emails that contain information about matching properties if you opt to receive them and, if you have posted a listing on the Site, emails from potentially interested Users.
Any questions regarding this statement should be directed to: [email protected]
This Policy is the sole authorized statement of PFM’ practices with respect to the online collection of personally identifiable information and the usage of such information. Any summaries of this Policy generated by third party software or otherwise shall have no legal effect, are in no way binding upon PFM, shall not be relied upon in substitute for this Policy, and neither supersede nor modify this Policy.
Please note that this Policy applies solely to our online information-gathering and dissemination practices in connection with the Site, and does not apply to any of our practices conducted offline.
Thank you for reviewing our Terms and Conditions of Use Agreement (hereinafter the “Agreement”) for the iPhoneMagicApps.com web site. This website is owned and operated by PFM, LLC, a Wisconsin limited liability company (hereinafter “PFM” or “We”). This Agreement applies to persons who visit, create an account with, or otherwise use the IPhoneMagicApps.com web site (collectively “Users”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access iPhoneMagicApps.com services (“Services”) or the iPhoneMagicApps.com web site (hereinafter referred to collectively as “iPhoneMagicApps.com” or “the Site”).
2. About iPhoneMagicApps.com.
iPhoneMagicApps.com is your source for magic apps for your iPhone. The Site includes a sales pages, reviews, and a forum with user generated content. Please note that the information provided by individuals through the Site is not always provided or verified by iPhoneMagicApps.com and PFM accepts no responsibility for the content or accuracy of forum postings on the Site.
3. Availability and Eligibility.
Our Site and Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Services no distribution or solicitation is made by iPhoneMagicApps.com to any person to use the Site or Services in jurisdictions where the provision of such site or services is prohibited by law. If you do not qualify, please do not use our Site. Further, if you create an account with the Site, your user ID and password may not be transferred, loaned, given or sold to another party.
The Site allows you to view the sales page of PFM LLC apps for you iPhone, as well as view demos, reviews, and other information in the user forum. Purchasing of the apps is done through Apple’s iTunes online store. You are not required to provide any personally identifiably information to us to view the Site. However, to post in the forums you will need to create an account with us. As further discussed below, you acknowledge and agree that PFM and iPhoneMagicApps.com does not warrant or guarantee the accuracy, reliability, completeness, timeliness, or other qualities relating to the information provided by Users of the Site, any specific results from the Site, or the timeliness or receipt of emails or other communications, regardless of method of delivery, that you elect to send or receive.
5. User’s Responsibilities and Acknowledgements.
6. Restricted Activities.
You are prohibited from any use of the Site or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information, posts, and activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any sexually suggestive, obscene, or vulgar text or images; (g) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not consummate any transaction on the Site, or that was initiated using our Service, that could cause us to violate any applicable law, statute, ordinance or regulation.
7. Access and Interference.
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that we, in our sole discretion, believe imposes an unreasonably large load on our servers; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content without the prior expressed written permission of PFM and the appropriate third party, as applicable; (iii) attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any measures we may use to prevent or restrict access to the Site.
Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us. We can also terminate this Agreement at any time, with or without cause.
10. Links to Third Party Sites.
There may be links established between this Site and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, iPhoneMagicApps.com. Such links do not necessarily constitute an endorsement by PFM of those sites. PFM undertakes no obligation to monitor such sites, and you agree that PFM is not responsible for the content of such sites or any technical or other problems associated with any such third-party sites, links or usage.
11. Intellectual Property.
The Site contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws.
12. DMCA Policy
PFM takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a DMCA compliant notice is provided to us. In accordance with the Digital Millennium Copyright Act ("DMCA"), PFM has designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copyrighted work is being infringed, notify the designated agent specified below:
Attn: DMCA Designated Agent
1103 Stonefield Cr
Middleton, WI 53562
The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:
♣ A description of the copyrighted work claimed to have been infringed;
♣ A description of the infringing material and information reasonably sufficient to permit IPhoneMagicApps.com to locate the material;
♣ Your contact information, including your mailing address, telephone number, and email address;
♣ A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
♣ A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and
♣ A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.
13. Email Policy.
Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email. You agree not to abuse the iPhoneMagicApps.com communication system in any manner. Failure to comply with this requirement may result in account suspension or termination, in the sole discretion of PFM.
14. Disclaimer of Warranties.
WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF PFM. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT OR THE SERVICE. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PFM DISCLAIMS ANY AND ALL SUCH WARRANTIES.
15. General Release.
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU AGREE TO RELEASE PFM, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY PFM.
16. Limitation of Liability.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT The Fitness Personal'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, including but not limited to any intellectual property claim, arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your violation of this Agreement or your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. PFM reserves the right but not the obligation, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of PFM. You further agree to indemnify and hold harmless PFM from any claim arising from a third party's use of information or materials of any kind that you post to the Site.
18. Dispute Resolution.
You agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between Users and not involving PFM, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in Madison, Wisconsin and the judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or PFM may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Madison, Wisconsin necessary to protect the rights or property of you or PFM pending the completion of arbitration.
PFM grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of User e-mail addresses or other participant information or listings, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site.
Failure by PFM to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
21. Right to Change this Agreement.
PFM reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the Site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Services following The Fitness Personal’s posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.
22. General Provisions.
This is the entire Agreement governing the use of the iPhoneMagicApps.com Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of Wisconsin, without regard to that state’s conflict of laws provisions. By using the Site you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in the State of Wisconsin. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of PFM in accordance with applicable law and the remainder of the Agreement shall remain in full force.
23. Contact IPhoneMagicApps.com.
Except as explicitly stated otherwise, any notices to iPhoneMagicApps.com shall be given by postal mail to:
1103 Stonefield Cr
Middleton, WI 53562
You agree that you will notify PFM in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give PFM a reasonable period of time to address it before bringing any arbitration or legal action.