| "Personal
information" means information that you choose to submit to
us and that identifies you, such as your name, telephone number,
e-mail address, and other information discussed in this Privacy
Statement.
If you do not accept any of the
terms of this Privacy Statement, do not access this Web Site or
any associated services.
You may also be accessing this Web
Site as an employee of L.U.S.T. If there is any conflict
between this Privacy Statement and any other agreement you have
signed as an employee (e.g., an Employment Agreement)
(collectively, “Other Agreements”), those Other Agreements
shall control.
Information We Collect
We may ask you to provide personal
information when you:
Use our Web Site;
Request quotes, services, support,
or information;
Place orders for products or
services;
Subscribe to newsletters,
promotional emails, or other materials;
Apply for a job, submit your
resume/CV
Create a talent profile; or
Contact us.
Information we may request from our
customers includes your company information, e-mail address,
name, contact address, and telephone number. If you sign up as
an individual to contract with us as talent, we may also ask for
your Social Security number, age, gender, interests,
preferences, skills, and other information.
We may collect information about your visits to our Web Sites,
including the pages you view, the links you click, search terms
you enter, and other actions you take in connection with L.U.S.T. Web
Sites and services. We may also collect certain information from
the browser you used to come to our Web Site, such as your
Internet Protocol (IP) address, browser type and language,
access times, the Uniform Resource Locator (URL) of the web site
that referred you to our Web Site and to which URL you browse
away from our site if you click on a link on our site.
In order to offer you a more consistent and personalized
experience in your interactions with L.U.S.T. , information
collected through one source may be combined with information
obtained through other L.U.S.T. resources. We may also
supplement the information we collect with information obtained
from other parties as well.
How We Use Personal Information
L.U.S.T. uses your personal
information to:
Deliver the services and support or
carry out the transactions you have requested.
Send communications to you, such as
your transactions status (for example, order confirmations),
information about products and services available from L.U.S.T.
and its corporate affiliates, promotional offers, and surveys.
Customize, analyze, and improve our
products, services (including our Web Site), technologies,
communications and relationship with you. We do not sell or rent
your personal information to third parties for their own
marketing purposes without your consent.
Please understand that the personal information we collect and
other information you submit is stored and processed on
computers in the United States. The laws on collection, holding
and/or processing of personal data in the United States may be
different (e.g., more/less stringent) than the laws of your
country.
Disclosing Personal Information
We may share your personal
information with affiliates to carry out transactions you
request or to make our business or that of our corporate
affiliates more responsive to your needs. We may also disclose
your personal information in connection with law enforcement,
fraud prevention, or other legal action; as required by law or
regulation; or if L.U.S.T. reasonably believes it is
necessary to protect L.U.S.T., its customers or the
public. In addition, we may share your personal information with
business partners that help L.U.S.T. carry out
transactions you request or that help L.U.S.T. to
customize, analyze and/or improve our communication or
relationship with you, and then only with business partners who
share L.U.S.T. commitment to protecting your personal
information. We will not disclose your personal information to
third parties for their marketing purposes, without your
consent.
Collection and Use of Children's
Personal Information
L.U.S.T. takes children's
privacy seriously, and we abide by the Children's Online Privacy
Protection Act (COPPA) requirements. We do not seek to collect
and do not knowingly collect personal information from children
under the age of 13 through our Web Sites. If a child under the
age of 13 submits personal information to this Web Site, we
delete the information as soon as we discover the source of the
submission and do not use it for any other purpose.
If you are under 18 years of age, please do not submit any
personal information through our Web Sites without the express
consent and participation of a parent or guardian. If you are
under the age of 13, you are not permitted to access the Web
Sites.
How We Use Cookies
L.U.S.T. Web Sites use
"cookies" to enable you to sign in to our services and
to help personalize your online experience. We use cookies to
store your preferences and other information on your computer in
order to save you time by eliminating the need to repeatedly
enter the same information and to display your personalized
content on your later visits to these Web Sites.
You have the ability to accept or decline cookies. Most web
browsers automatically accept cookies, but you can usually
modify your browser setting to decline cookies if you prefer. If
you are using a public computer or do not otherwise want this
information to be stored, you can select the appropriate radio
button on the sign-in page, and this cookie will not be used. If
you choose to decline cookies, you may not be able to sign in or
use other interactive features of L.U.S.T. Web Sites and
services that depend on cookies.
Third-Party Web sites and Services
Please be aware that other websites
that may be accessed through our Web Site may collect personally
identifiable information about you. The information practices of
those third-party websites linked to www.promolust.com are
not covered by this privacy statement. We generally use a
special symbol to mark links that go to third-party sites, and
we encourage you to review the privacy policies associated with
the third-party sites.
Changes to Our Privacy Statement
We will occasionally update this
Privacy Statement. When we post changes to this Privacy
Statement, we will revise the " Privacy Statement Effective
Date" at the end of this paragraph. If there are material
changes to this privacy statement or in how L.U.S.T. will
use your personal information, we will notify you by prominently
posting a notice of such changes prior to implementing the
change (e.g., next to the link on the Web Site). All
amended terms automatically take effect as of the current
“Privacy Statement Effective Date” posted on the Web Site in
this section of the Privacy Statement.
Privacy Statement Effective Date: 04/22/2010
Your California Privacy Rights
California legislation requires that
certain disclosures be made available to California residents
who provide information over the Internet that is used for
direct marketing purposes. Specifically, any business that
discloses a customer's personally identifiable information to a
third party for direct marketing purposes is required to provide
a method for the customer to obtain the names, addresses, and
certain other information for such third parties. If you are a
California resident you may request this information from us by
writing to us at the address or email shown below. We are not
obligated to respond to more than one such request per customer
per calendar year.
Contacting Us
If you would like to contact us for
any reason regarding our privacy practices, please write us at
the following address:
L.U.S.T.
P.O.
Boz 20402
Dayton,
OH 45420
You may also e-mail us at: Carl@CarlMerritt.com
L.U.S.T. TERMS OF USE
Overview
The following are terms of a legal
agreement between you and L.U.S.T. By accessing, logging
in to, browsing, or using this Web site, you acknowledge that
you have read, understood, and agree to be bound by these terms.
You may be required to check a box indicating your assent to
these terms. If you do not agree to these terms, please do not
use this Web site.
IF YOU ARE UNDER 13 YEARS OF AGE,
YOU MAY NOT ACCESS THIS WEB SITE. IF YOU ARE UNDER 18 YEARS OF
AGE, YOU MAY NOT ACCESS THIS WEB SITE WITHOUT THE EXPRESS
CONSENT OF YOUR PARENT OR GUARDIAN.
L.U.S.T. may, without prior notice to you, at any time
revise these Terms of Use and any other information contained in
this Web site by updating this posting. When we post changes to
these Terms of Use, we will revise the "Terms of Use
Effective Date" at the end of this paragraph. All amended
terms automatically take effect as of the current “Terms of
Use Effective Date”. L.U.S.T. may also make improvements
or changes in the products, services, or programs described in
this site at any time without notice. Notices to you may be made
via either email, regular mail, or by notifications on this Web
site. L.U.S.T. may also provide notices of changes to the
Terms of Use or other matters by displaying notices or links to
notices to you generally on the site. You should visit this page
from time to time to review the then-current Terms of Use
because they are binding on you. Certain provisions of these
Terms of Use may be superseded by expressly designated legal
notices or terms located on particular pages at this site. The
materials and services at this site may be out of date, and
L.U.S.T. makes no commitment to update the materials and
services at this site.
Terms of Use Effective Date:
04/22/2010
You may be accessing this Web site
and/or the Services (as defined below) as an employee of L.U.S.T.
If there is any conflict between these Terms of Use and any
other agreement you have signed as an employee (e.g., an
Employment Agreement) (collectively, “Other Agreements”),
those Other Agreements shall control.
General
This Web site contains proprietary
notices and copyright information, the terms of which must be
observed and followed.
This site and all Content in this site may not be copied,
reproduced, republished, uploaded, posted, transmitted,
distributed, or used for the creation of derivative works
without L.U.S.T.'s prior written consent, except that
L.U.S.T. grants you non-exclusive, non-transferable,
limited permission to access and display the Web pages within
this site, solely on your computer and for your personal use of
this Web site. This permission is conditioned on your not
modifying the Content displayed on this site, your keeping
intact all copyright, trademark, and other proprietary notices,
and your acceptance of any terms, conditions, and notices
accompanying the content or otherwise set forth in this site.
“Content” includes, without limitation, all information,
programs, processes, methodologies, communications, software,
scripting, photos, text, video, graphics, sounds, images and
other materials and services found on this Web site.
Your failure to comply with the terms, conditions, and notices
on this site will result in automatic termination of any rights
granted to you, without prior notice, and you must immediately
destroy all copies of downloaded materials in your possession or
control. Except for the limited permission in the preceding
paragraph, L.U.S.T. does not grant you any express or
implied rights or licenses under any patents, trademarks,
copyrights, or other proprietary or intellectual property
rights. You may not mirror any of the content from this site on
another Web site or in any other media.
In accessing this Web site you may
be using software that is proprietary to L.U.S.T. and/or
its affiliates (“Software”). L.U.S.T. grants you no
rights in the Software other than the rights in relation to
other Content on the Web site as discussed above. You may not
resell, decompile, reverse engineer, disassemble, or otherwise
convert the Software to a perceivable form. You may not download
or install the Software until you have read and accepted these
Terms of Use.
Copyrights, Trademarks and Service
Marks
Unless otherwise noted, all Content
and other materials on this Web site and in the Software (this
Web site and Software sometimes collectively referred to as
“Services”) are protected as the copyrights, trade dress,
trademarks and/or other intellectual properties owned by L.U.S.T.
or by other parties that have licensed their material to L.U.S.T.
The Content and Services are copyrighted and any unauthorized
use of the Content and the Services may violate copyright,
trademark, and other laws, in addition to being a material
breach of the Terms of Use.
There are a number of proprietary
logos, service marks, trademarks, slogans and product
designations (“Marks”) found on the Web site and in the
Software. By making these Marks available on this site and in
the Software, L.U.S.T. is not granting you a license to
use them in any fashion. Access to the Services does not confer
upon you any license under any of L.U.S.T.'s or any
third party’s intellectual property rights. Use of
L.U.S.T. proprietary logos, service marks, trademarks,
slogans and product designations found on this Web site and in
the Software by users is restricted as set forth in the Terms of
Use.
L.U.S.T. trademarks may be
used publicly only with prior written permission from L.U.S.T..
Fair use of L.U.S.T. trademarks in advertising and
promotion of L.U.S.T. products and services requires
proper acknowledgment. No L.U.S.T. trademark or service
mark may be used as a hyperlink without L.U.S.T. prior written
permission. Other trademarks that may appear in connection with
the Services may be owned by third-parties and used with the
permission of the third-parties. You also agree not to use those
trademarks without the permission of their respective owners.
The various Marks used in connection
with the Services represent some of the Marks currently owned or
controlled by L.U.S.T. or under license to L.U.S.T.. The display
of these marks and of notices associated with these marks is not
intended to be a comprehensive compilation of all L.U.S.T.
worldwide proprietary ownership rights, and L.U.S.T. may own or
control other proprietary rights in one or more countries
outside of the United States.
-----------------------------------------------------
User Submissions
Your use of the Services may result
in your sending of various types of information to L.U.S.T.
L.U.S.T. handling of such information is governed by the L.U.S.T.
Privacy Statement to which you agree when you accept these Terms
of Use. If you do not accept the Privacy Statement or these
Terms of Use, do not use the Services. L.U.S.T. reserves the
right to disclose, read, access, and preserve any information
received from you by your using the Services as L.U.S.T.
reasonably believes is necessary to (i) enforce these Terms of
Use; (ii) prevent, deter, or defend against any type of fraud or
misrepresentation; (iii) comply with applicable law; (iv)
provide customer support; and (v) protect the property and other
rights of L.U.S.T., its employees, and its consumers.
L.U.S.T. does not solicit, but may
accept, any product or process ideas, innovations suggestions,
improvements or other user submissions, with the understanding
that all remarks, suggestions, ideas, innovations, graphics,
materials, information, data, concepts, submissions or other
communications, including Requests for Proposal you transmit or
post to the Web site and/or to L.U.S.T. using the Services
(together, the "Communications") are assigned to, and
will forever be the property of, L.U.S.T. without any further
compensation or other benefit to the user submitting such
Communications. Other than personally identifiable information,
which is covered under the L.U.S.T. Privacy Statement, any
Communications will be considered non-confidential and
non-proprietary. L.U.S.T. will not be liable for any ideas for
its business (including without limitation, product, or
advertising ideas) and will not incur any liability as a result
of any similarities that may appear in future L.U.S.T.
operations. L.U.S.T. will have exclusive ownership of all
present and future existing rights to the Communications of
every kind and nature everywhere.
For any Communications that cannot
be legally assigned to L.U.S.T., you hereby grant L.U.S.T. and
its designees an unrestricted, perpetual, royalty-free,
irrevocable license to use, reproduce, display, perform, modify,
transmit and distribute the Communications for any and all
commercial or non-commercial purposes, and agree that L.U.S.T.
is free to use any ideas, concepts, know-how or techniques that
you send L.U.S.T. for any purpose whatsoever without
compensation to you or any other person sending the
Communication. In addition, you warrant that all so-called
"moral rights" with respect to the Communication have
been waived.
You are prohibited from using the
Services to post, transmit, communicate, and/or deliver, to
L.U.S.T. or other users, any unlawful, threatening, libelous,
defamatory, obscene, pornographic, or any other material that
would violate any law, or that could give rise to any civil or
criminal liability under the law.
Certain Disclaimers
Information on this Web site is not
promised or guaranteed to be correct, current, or complete, and
this site may contain technical inaccuracies or typographical
errors. L.U.S.T. assumes no responsibility (and expressly
disclaims responsibility) for updating this site to keep
information current or to ensure the accuracy or completeness of
any posted information. Accordingly, you should confirm the
accuracy and completeness of all posted information before
making any decision related to any services, products, or other
matters described in this site.
L.U.S.T. provides no assurances that any reported problems will
be resolved by L.U.S.T., even if L.U.S.T. elects to provide
information with the goal of addressing a problem.
Global Availability
Information L.U.S.T. publishes on
the World Wide Web may contain references or cross references to
L.U.S.T. products, programs and services that are not announced
or available in your country. Such references do not imply that
L.U.S.T. intends to announce or make available such products,
programs, or services in your country. Please consult your local
L.U.S.T. business contact for information regarding the
products, programs, and services that may be available to you.
Business Relationships
This Web site may provide links or
references to non-L.U.S.T. Web sites and resources. L.U.S.T.
makes no representations, warranties, or other commitments
whatsoever about any non-L.U.S.T. Web sites or third-party
resources that may be referenced, accessible from, or linked to
any L.U.S.T. site. A link to a non-L.U.S.T. Web site does not
mean that L.U.S.T. endorses the content or use of such Web site
or its owner. In addition, L.U.S.T. is not a party to or
responsible for any transactions you may enter into with third
parties, even if you learn of such parties (or use a link to
such parties) from an L.U.S.T. site. Accordingly, you
acknowledge and agree that L.U.S.T. is not responsible for the
availability of such external sites or resources, and is not
responsible or liable for any content, services, products, or
other materials on or available from those sites or resources.
When you access a non-L.U.S.T. Web site, even one that may
contain the L.U.S.T.-logo, please understand that it is
independent from L.U.S.T., and that L.U.S.T. does not control
the content on that Web site. It is up to you to take
precautions to protect yourself from viruses, worms, trojan
horses, and other potentially destructive programs, and to
protect your information as you deem appropriate.
Linking to This Site
All links to this Web site must be
approved in writing by L.U.S.T., except that L.U.S.T. consents
to links in which the link and the pages that are activated by
the link do not: (a) create frames around any page on this Web
site or use other techniques that alter in any way the visual
presentation or appearance of any content within this site; (b)
misrepresent your relationship with L.U.S.T.; (c) imply that
L.U.S.T. approves or endorses you, your Web site, or your
service or product offerings; and (d) present false or
misleading impressions about L.U.S.T. or otherwise damage the
goodwill associated with the L.U.S.T. name or trademarks. As a
further condition to being permitted to link to this site, you
agree that L.U.S.T. may at any time, in its sole discretion,
terminate permission to link to this Web site. In such event,
you agree to immediately remove all links to this Web site and
to cease using any L.U.S.T. trademark.
Translations
Certain text in this Web site may be
made available in languages other than English. Text may be
translated by a person or solely by computer software with no
human intervention or review. These translations are provided as
a convenience to you, and L.U.S.T. makes no representations or
commitments regarding the accuracy or completeness of the
translation, whether or not computer-generated or performed by a
person. Please see the below Disclaimer of Warranty for
additional conditions.
Disclaimer of Warranty
USE OF THIS SITE IS AT YOUR SOLE
RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS,
AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES
OR GUARANTEES WHATSOEVER. L.U.S.T. EXPRESSLY DISCLAIMS TO THE
FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY,
AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL
PROPERTY. WITHOUT LIMITATION, L.U.S.T. MAKES NO WARRANTY OR
GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE.
ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE SERVICES.
INFORMATION PUBLISHED AT THIS WEB SITE MAY REFER TO PRODUCTS,
PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR GEOGRAPHIC
LOCATION.
THE INFORMATION PRESENTED ON THIS
WEB SITE OR BROADCAST FROM THIS WEB SITE WITH SOFTWARE BY
L.U.S.T. FROM L.U.S.T. PUBLICATIONS, WRITINGS AND/OR THIRD PARTY
BOOKS OR WRITINGS IS FOR INFORMATION PURPOSES ONLY AND IS NOT
MEANT TO SERVE AS A SUBSTITUTE FOR PROFESSIONAL LEGAL OR
FINANCIAL ADVICE WHICH SHOULD BE OBTAINED THROUGH CONSULTATION
WITH APPROPRIATE PROFESSIONALS IN YOUR STATE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL L.U.S.T. BE LIABLE
TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER
RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB
SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR
ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING
OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR
SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS,
BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER
DATA, EVEN IF L.U.S.T. IS EXPRESSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES
TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY,
TORT, OR ANY OTHER LEGAL THEORIES.
Additional Terms
Applicable Laws. L.U.S.T. from its
offices within the United States of America controls the
Services. L.U.S.T. makes no representation that the Content in
the Services is appropriate or available for use in locations
other than the United States, and access to them from
territories where their content is illegal is prohibited. Those
who choose to access the Services from other locations do so on
their own initiative and are responsible for compliance with
applicable local laws. You may not use or export the Content in
violation of U.S. export laws and regulations.
These Terms of Use and any disputes
arising under or related to these Terms of Use (whether for
breach of contract, tortuous conduct or otherwise) and any claim
relating to the Content shall be governed by the internal
substantive laws of the State of Ohio. By using the Services,
and agreeing to the Terms of Use, you agree that any dispute to
enforce, defend or interpret any right or remedies under, or
arising in connection with or relating to, these Terms of Use,
shall be settled through binding arbitration under the AAA Rules
of Arbitration, located at a mutually convenient forum in
Dayton, Ohio.
Termination. L.U.S.T., in its sole
discretion, may terminate or restrict your use or access to this
Web site (or any part thereof) for any reason, including,
without limitation, if L.U.S.T. believes you have violated or
acted inconsistently with the letter or spirit of these Terms of
Use, or if you are in breach of the terms of the Terms of Use.
Upon termination, you will immediately destroy any copies of
Content of the Services, whether in printed or software format.
Privacy. L.U.S.T. recognizes the
need to protect the privacy of users of this Site, and to
provide additional privacy protection to children. Children
under the age of 13 may not visit this Web site. L.U.S.T. does
not permit children under the age of 13 to disclose any
personally identifiable information through this Web site, and
L.U.S.T. immediately deletes any such information as soon as it
becomes aware of it. Please see our Privacy Statement for more
information.
Waiver. L.U.S.T.’s failure to
enforce any part of these Terms of Use shall not constitute a
waiver of any of L.U.S.T.’ rights under these Terms of Use,
whether for past or future actions on the part of any person.
Neither the receipt of any funds by L.U.S.T. nor the reliance of
any person on L.U.S.T.’ actions shall be deemed to constitute
a waiver of any part of these Terms of Use. A specific, written
waiver signed by an authorized representative of L.U.S.T. may
only provide a legal waiver.
Severability. If any provision of
these Terms of Use shall be found to be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed
severable from these terms and conditions and shall not affect
the validity and enforceability of any remaining provisions.
Terms of Use Effective Date:
04/22/2010
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