• Privacy Policy & Terms of Use

Privacy Policy
Terms of Use

Privacy Policy
This web site (the "Site") is operated by Swatchbox Technologies, Inc. When applicable under the circumstances, references to Swatchbox Technologies will be deemed references to Swatchbox Technologies, Inc. Swatchbox Technologies, Inc. is in the business of providing, currently provides, and currently powers many different media applications that can be found on many of its partners' web sites. In addition, Swatchbox Technologies, Inc. often collects feedback surveys or other information on behalf of its partners through their particular web sites. However, Swatchbox Technologies’ Privacy Policy only applies to this Site.
Earning and keeping the trust of the users of this Site is important to Swatchbox Technologies. Swatchbox Technologies wants you to understand what kinds of information is gathered from you, how this information is used and protected, and how you can control its use. This statement discloses the privacy practices of Swatchbox Technologies respecting this Site. By using this Site, you agree, without limitation or qualification, to be bound by this Privacy Policy.
This Privacy Policy applies to the collection and use of information by Swatchbox Technologies on the Site but does not apply to information that you may send to us by other means.
Any material changes in Swatchbox Technologies’ Privacy Policy will be communicated in this page so please check back from time to time.

1. Who is permitted to use this site
This Site is not intended or designed to attract visitors under the age of 13. Swatchbox Technologies does not collect identifiable data from any person Swatchbox Technologies knows to be under the age of 13. Swatchbox Technologies expressly instructs visitors under the age of 13 not to send us any information.
You transmit data to a server located in Boston, Massachusetts in the United States. Swatchbox Technologies, Inc. is a company with a principal place of business in the State of Massachusetts, United States, and is subject to United States and Massachusetts law. You should not send any personal information to the Site unless you agree to be bound by United States and Massachusetts law.

2. What kind of information we collect from you
The kinds of information we collect from you will vary, depending on how you use the Site. Swatchbox Technologies’ systems are set up to gather certain anonymous data to help Swatchbox Technologies better understand how this Site is being used and how Swatchbox Technologies can improve it. This automatically-gathered data includes your domain name and any content you view on the Site. We may also collect your computer's IP address and the kind of browser you are currently using. In order to take part in certain services on the Site, you will be required to provide certain personal information, e.g., your name, address, e-mail address, etc. Swatchbox Technologies automatically collects the e-mail addresses of those who communicate with Swatchbox Technologies via e-mail. In addition, Swatchbox Technologies automatically collects any information volunteered by you through the Site.

3. How we use your information
Swatchbox Technologies utilizes "cookies" on this Site. These are small files that Swatchbox Technologies sends to and stores on your computer so that Swatchbox Technologies may recognize it as a unique machine the next time you visit the Site. Swatchbox Technologies’ cookies are used to let Swatchbox Technologies know you are a prior visitor and to enable Swatchbox Technologies to track your session on the Site.
Swatchbox Technologies will use your personal information to respond to requests you may make of Swatchbox Technologies, and from time to time, Swatchbox Technologies may refer to such information to better understand your needs and how Swatchbox Technologies can improve this Site. Swatchbox Technologies may also use this personal information to contact you and/or provide you with general information on new products and services or upcoming events. Unless you specify that you'd prefer not to hear from Swatchbox Technologies, Swatchbox Technologies may also use the e-mail address you provide to Swatchbox Technologies to contact you for promotional, administrative, or other reasons, including possibly to notify you about updates to the Site. You may have these communications terminated by notifying us by e-mail at http://company.swatchbox.com/contact.asp. This likely will take 72 hours from the time you give us notice.

In the event that Swatchbox Technologies, Inc. and/or any unit or subsidiary thereof is ever sold, acquired, merged, liquidated, reorganized, or otherwise transferred or used as security, we reserve the right to transfer our user databases together with any personal information collected on this Site, to a third party as part of that transaction, including without limitation a third party acquiring Swatchbox Technologies’ assets. In addition, the personal information collected on this Site may be shared with one or more third parties (subject to appropriate confidentiality obligations) as part of the due diligence process in anticipation of such a transaction, whether or not it is consummated. In the event a sale of Swatchbox Technologies’ assets is consummated by acquisition or merger, we will place a prominent notice of the sale on the homepage of our web site, with links to information as to how you can change your privacy preferences.
If Swatchbox Technologies is requested by law enforcement officials or judicial authorities to provide personal information on individual users, Swatchbox Technologies may, without your consent, provide such information. Further, notwithstanding any other provision in this Privacy Policy to the contrary, we reserve the right to disclose your personal information to appropriate third parties if we are required to do so by law or we believe that such action is necessary: to comply with legal process such as a search warrant, subpoena or court order; to protect against misuse or unauthorized use of our website; to protection Swatchbox Technologies’ rights and property; or during emergencies, such as when someone's physical safety is at risk.

4. Your choices regarding SWATCHBOX TECHNOLOGIES’ use of your personal information
You can always choose not to provide personal information. You can also at any time add or update certain information that you send to us. When you update information, we usually keep a copy of the prior version for our records. If you do not want to receive e-mail or other contact from us or if you wish to check your personal information, please contact us by e-mail at http://company.swatchbox.com/contact.asp. In the event it is more convenient, you may also contact Swatchbox Technologies by telephone at 508.871.0929, or by first class mail at Legal Department, Swatchbox Technologies, Inc., 21 Brigham Street, Westborough, MA 01581. For information as to how you can review and request changes to any of your personal information that we have collected through the Site, please contact us by e-mail at http://company.swatchbox.com/contact.asp.

5. Aggregated Information
Swatchbox Technologies may use your personal information to reply to you and send information to you. Swatchbox Technologies does not intend to reveal personal information to third parties except in the manner stated in this Privacy Policy. Swatchbox Technologies may provide aggregated information received from you to third parties; provided, however, that Swatchbox Technologies takes commercially reasonable precautions to prevent the aggregated information provided to third parties from including personal information.

6. SECURITY OF YOUR PERSONAL INFORMATION
Swatchbox Technologies recognizes you may be concerned about the security of your personal information, and is committed to employing reasonable technology in order to protect the security of the Site. Even with such technology, no web site is 100% secure. Swatchbox Technologies will take reasonable measures that it believes are appropriate to protect your information from loss, misuse, alteration or destruction, and, where possible and applicable, will ask that any third parties to whom we may transfer your information take comparable steps to protect that security.

7. THIS PRIVACY POLICY ONLY APPLIES TO THIS SITE
To the extent that Swatchbox Technologies collects feedback surveys or any other information on behalf of a partner, e.g., Lowes.com, through a particular partner's web site, Swatchbox Technologies will make any personal information collected available to that particular partner. In addition, Swatchbox Technologies may choose to retain that information. However, Swatchbox Technologies’ Privacy Policy only applies to this Site. Should this Site refer to or link to web sites outside the control of Swatchbox Technologies, please be aware that these sites may collect personal information about you, and operate according to their own privacy practices that may differ from Swatchbox Technologies’ Privacy Policy. Remember to consult any other web sites' privacy policies that may be applicable because once you are outside this Site, any information you submit is no longer in Swatchbox Technologies’ control.

8. QUESTIONS
If you have any questions regarding Swatchbox Technologies’ privacy practices, feel free to e-mail Swatchbox Technologies at http://company.swatchbox.com/contact.asp.
The effective date of this Privacy Policy is March 29, 2006.

 

Terms of Use
Swatchbox Technologies provides its Sites and services to you, the user, subject to the following notices, terms, and conditions ("Terms of Use"). Swatchbox Technologies is owned and operated by Swatchbox Technologies, Inc. When applicable under the circumstances, references to Swatchbox Technologies shall be deemed references to Swatchbox Technologies, Inc.

1. Acceptance. Use of Swatchbox Technologies’ service is subject to the following Terms of Use. Please read the Terms of Use carefully before using any of Swatchbox Technologies’ Sites or services, as your use of Swatchbox Technologies’ Sites or services signifies your assent to be bound by these terms.

2. Submission of Content. You understand that all reviews, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips, and images, information, data, graphics, software, messages or other materials (collectively, "Content") appearing on or submitted to Swatchbox Technologies’ Sites and services is the responsibility of the person or entity originating such Content. By submitting Content to Swatchbox Technologies’ Sites or services ("User's Content"), you warrant that: (a) you are the owner of such User's Content, or have been granted all the rights necessary from the User's Content owner to submit such User's Content to Swatchbox Technologies’ Sites or services, and (b) the use of such User's Content by Swatchbox Technologies’ Sites and services will not infringe the intellectual property rights of or otherwise violate the rights of any third party. By submitting User's Content to Swatchbox Technologies’ Sites or services, you automatically grant to Swatchbox Technologies (or warrant that the User's Content owner has granted to Swatchbox Technologies), a nonexclusive, royalty-free license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer, or sell any such User's Content, for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you or the third party.

3. Copyright, Restrictions on Use. All Content contained in Swatchbox Technologies’ Sites and service is protected by copyrights, trademarks, service marks, patents, or other intellectual property and proprietary rights and laws, and is owned by Swatchbox Technologies, its licensors, or third parties whether or not indicated ("Site Content"). You acknowledge that Swatchbox Technologies’ Sites services and any underlying technology used in connection with its Sites and services contain proprietary and confidential information of Swatchbox Technologies, its licensors, or third parties. You may not copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, except as licensed herein, or in any manner commercially exploit any part of Swatchbox Technologies’ Sites or services. You must abide by all copyright notices, information, or restrictions contained in or attached to any Site Content or portion of Swatchbox Technologies’ Sites and services.

4. License. Swatchbox Technologies hereby grants to you a non-exclusive non-transferable license to use Swatchbox Technologies’ Sites and services and the information contained therein for non-commercial use only. The license will not terminate so long as you, the Licensee, comply with the Terms of Use of this Agreement.

5. Trademarks. Swatchbox Technologies is a trade mark of Swatchbox Technologies, Inc. All rights reserved. This and other Swatchbox Technologies service marks, trademarks, logos, and trade names may not be used without the prior written consent of Swatchbox Technologies. Third party trademarks, service marks, logos, and trade names appearing on Swatchbox Technologies’ Sites or services are the property of their respective owners.

6. Changes to Swatchbox Technologies’ Sites, Services or Terms of Use. Swatchbox Technologies may modify, suspend or discontinue any portion or service of Swatchbox Technologies’ Sites or services at any time, with or without notice. These Sites and services are currently accessible to users without charge, however Swatchbox Technologies reserves the right to charge for one or more portions of its Sites and services in the future. (Swatchbox Technologies will notify you of any fees associated with any portion of its Sites or services, and require you to subscribe to such portion of those Sites or services, prior to charging you any fees.) Swatchbox Technologies reserves the right to modify the Terms of Use at any time. Any modifications shall be effective upon the posting by Swatchbox Technologies of the modified Terms of Use. You agree to review these Terms of Use periodically so that you are aware of any modifications. Your continued use of Swatchbox Technologies’ Sites or services shall be deemed your acceptance of the modified Terms of Use. You agree that the above-listed standard for notice of changes is reasonable.

7. Inappropriate Posting or Transmission. You are prohibited from posting on or transmitting through Swatchbox Technologies’ Sites or services, without limitation, any unlawful, threatening, harassing, damaging, abusive, defamatory, obscene, racially, ethnically discriminatory, or otherwise inappropriate material. You are prohibited from posting on or transmitting through Swatchbox Technologies’ Sites or services any material that would constitute or promote a criminal or civil offense, or otherwise violate any local, state, national or international law. Swatchbox Technologies, however, does not ensure removal of inappropriate Content after posting. Neither Swatchbox Technologies nor its officers, directors, shareholders, employees, agents, or affiliates assume liability for any action or inaction with respect to conduct or Content posted on or transmitted through any of Swatchbox Technologies’ Sites or services.

8. Failure to Comply with Terms of Use. You acknowledge and agree that Swatchbox Technologies may suspend or terminate your use of all or part of its Sites or services and/or deny you access to all or part of its Sites or services, without prior notice, if you engage in any conduct that Swatchbox Technologies believes, in its sole discretion: (a) violates any term or provision of the Terms of Use, (b) violates any rights of Swatchbox Technologies or third parties, (c) or is otherwise inappropriate for continued access and use of Swatchbox Technologies’ Sites or services. In addition, Swatchbox Technologies reserves the right to terminate inactive membership accounts. You agree that upon termination for any reason, Swatchbox Technologies may delete all information related to your account and may bar your access to your account and Swatchbox Technologies’ Sites or services.

9. Termination. You may discontinue your participation in and access to Swatchbox Technologies’ Sites or services at any time. The Terms of Use will continue to apply to all past use of Swatchbox Technologies’ Sites or services by you even if you are no longer using those Sites or services.

10. Links. Swatchbox Technologies’ Sites or services contain advertisements and links to web sites operated by third parties. Swatchbox Technologies is not responsible for the Content of those web sites or for your transactions with them. Inclusion of advertisements or links to such web sites does not imply any endorsement of the material on such web sites by Swatchbox Technologies.

11. Disclaimer. SWATCHBOX TECHNOLOGIES’ SITES AND SERVICES ARE PROVIDED TO YOU "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWATCHBOX TECHNOLOGIES AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH SWATCHBOX TECHNOLOGIES’ SITES, SERVICES AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SWATCHBOX TECHNOLOGIES DOES NOT WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR MERCHANTABILITY OF ANY PRODUCTS OR SERVICES OFFERED, REVIEWED, AVAILABLE, OR ADVERTISED THROUGH ITS SITES OR SERVICES. IN ADDITION, ALTHOUGH SWATCHBOX TECHNOLOGIES INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO ITS SITES OR SERVICES, SWATCHBOX TECHNOLOGIES DOES NOT WARRANT THAT ITS SITES OR SERVICES, OR CONTENT CONTAINED IN ITS SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH ITS SITES OR SERVICES ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SWATCHBOX TECHNOLOGIES DISCLAIMS ALL LIABILITY FOR AND NO WARRANTY IS MADE WITH RESPECT TO TELEPHONE SERVICE, INCLUDING COVERAGE, RANGE OR ANY INTERRUPTION IN TELEPHONE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Limitation of Liability. YOU UNDERSTAND THAT IN NO EVENT WILL SWATCHBOX TECHNOLOGIES OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (I) YOUR USE OR INABILITY TO USE SWATCHBOX TECHNOLOGIES’ SITES OR SERVICES, (II) YOUR RELIANCE ON ANY CONTENT, OR (III) ANY GOODS OR SERVICES ADVERTISED ON SWATCHBOX TECHNOLOGIES’ SITES OR SERVICES; EVEN IF SWATCHBOX TECHNOLOGIES OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, SWATCHBOX TECHNOLOGIES DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS OR "HACKERS") OF ITS SITES OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

13. Sites and Services Information Disclaimer. Information provided on Swatchbox Technologies’ Sites and services are for informational purposes only. Because Swatchbox Technologies cannot anticipate all issues related to your specific situation or project, the information on its Sites or services is not a substitute for professional advice and does not constitute professional advice for your projects' purposes. Swatchbox Technologies’ Sites or services must not be your sole source of information. You must perform independent research, understand your projects' specific requirements and safety issues, and seek expert advice from trained and/or licensed professionals before acting on the topics addressed in Swatchbox Technologies’ Sites or services. Reliance on any information in Swatchbox Technologies’ Sites or services is done at your own risk.

14. Indemnification. You agree to indemnify, defend and hold harmless Swatchbox Technologies and its affiliates, officers, directors, employees, consultants, agents and licensors from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from your failure to comply with the Terms of Use, your infringement or violation of any intellectual property or other right of a third party, or from your violation of any applicable law.

15. Applicable Law. These Terms of Use shall be governed by and construed in accordance with the procedural and substantive laws of the State of Ohio, without giving effect to its conflict of laws provisions.

16. Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow Swatchbox Technologies’ Procedure for Making Claims of Copyright Infringement.

17. Miscellaneous. These Terms of Use constitute the entire agreement between you and Swatchbox Technologies with respect to its Sites or services, and the Terms of Use replace all prior or contemporaneous understandings or agreements, written or oral, regarding Swatchbox Technologies’ Sites or services. If any provision of the Terms of Use is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of the Terms of Use shall remain in full force and effect. The failure by Swatchbox Technologies to insist upon or enforce strict performance of any provision of the Terms of Use will not be construed as a waiver of any provision or right of Swatchbox Technologies. The Terms of Use will inure to the benefit of Swatchbox Technologies and its successors and assigns.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512, Swatchbox Technologies has adopted the following policy toward copyright infringements:
Swatchbox Technologies will disable access to and/or remove any material that it believes in good faith to be infringed copyright material or that is claimed to be infringed copyright material pursuant to the following procedure for making claims of copyright infringement.

Swatchbox Technologies has adopted the following procedure for making claims of copyright infringement:
Submit a written Notification of Claimed Copyright Infringement to the following Designated Agent for Swatchbox Technologies:
Legal Department
Swatchbox Technologies, Inc.
21 Brigham Street
Westborough, MA 01581
phone: (508) 871-0929
email: http://company.swatchbox.com/contact.asp

The Notification of Claimed Copyright Infringement must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Once a written notification with the above information is received, the following action will be taken:

1. The infringing material will be removed or access to it will be disabled.
2. The infringing user will then be promptly notified of the situation.

The user may supply a counter notification to reinstate the material. The counter notification must be in writing, must be provided to Swatchbox Technologies’ Designated Agent, and must include the following information:

1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification of claimed copyright infringement or an agent of such person.

If this counter notification is received by the Swatchbox Technologies Designated Agent, a copy of the counter notification will be promptly sent to the original complaining party. The original complaining party will be informed that the claimed infringing material will be replaced or access to it will be restored in 10 business days.

Swatchbox Technologies will replace the removed material or will restore access to the material within 10 to 14 business days following receipt of the counter notification unless Swatchbox Technologies’ Designated Agent is notified by the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network.