privacy policy

This Privacy Policy outlines important information regarding the use and disclosure of information collected via this Website.  Maxim Media Group provides this Privacy Policy to help users make an informed decision as to whether to use or continue using the Website.
 
PLEASE NOTE: OUR PRIVACY POLICY CHANGES FROM TIME TO TIME AND CHANGES ARE EFFECTIVE UPON POSTING. PLEASE CHECK BACK FREQUENTLY FOR UPDATES AS IT IS YOUR SOLE RESPONSIBILITY TO BE AWARE OF CHANGES. MAXIM MEDIA GROUP DOES NOT PROVIDE NOTICES OF CHANGES IN ANY MANNER OTHER THAN BY POSTING THE CHANGES AT THIS WEB SITE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY PLEASE DO NOT PROVIDE ANY INFORMATION TO MAXIM MEDIA GROUP OR USE ANY OF THE SERVICES OR PRODUCTS OFFERED OR PROVIDED ON ANY OF THE WEB SITES REFERRED IN THIS PRIVACY POLICY.
 
This Privacy Policy applies to Maxim Media Group’s collection, use, storage and disclosure of information by Maxim Media Group on its (a) websites, including all its divisions, subsidiaries and related companies (collectively, the “Website”), (b) on various third party websites, and (c) to Maxim Media Group’s other information collection, including the purchase of customer lists from third parties. Maxim Media Group is not responsible for the information collection or privacy practices of third web sites or applications.
 
By reference, this Privacy Policy is incorporated into and is subject to the Website Terms of Use. Your use of the Website and any personal information you provide via the Website or through other official Maxim Media Group contact remains subject to this Privacy Policy, as well as the Terms of Use and/or other stated policies.
 
1. Collection of Information.

1.1 Survey Information.

Maxim Media Group collects information from individuals by various methods, including, but not limited to, when an individual voluntarily completes an Maxim Media Group survey, order form, or a registration page either online or offline, or by means of online or offline surveys, order forms, or registration pages operated by third parties (collectively, a “Survey”). (As used herein, “online” means using the Internet, including the Website, and related technologies, and “offline” means by methods other than online, including in person, in the postal mail, using telephones and cell phones, and other similar means.) In the Surveys, Maxim Media Group or a third party (a “Third Party”) may ask an individual to provide various information to Maxim Media Group, which may include his or her name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), SMS messaging details (e.g. date, time and content of the SMS message), birth date, gender, salary range, education and marital status, occupation, social security number, employment information, personal and online interests, and such other information as may be requested from time to time (together, “Survey Information”). Maxim Media Group may also collect information concerning an individual from another source and use that information in combination with information provided from this Web Site. Completing the Surveys is completely voluntary, and individuals are under no obligation to provide Survey Information to Maxim Media Group or Third Party, but an individual may receive incentives from Maxim Media Group or a Third Party in exchange for providing Survey Information to Maxim Media Group.
 
1.2 Third Party List Information.

Maxim Media Group collects information from individuals when an individual provides information to a Third Party and Maxim Media Group subsequently purchases, licenses, or otherwise acquires the information from the Third Party (the “Seller”). Such purchased information may include, but is not limited to, an individual's name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), SMS messaging details (e.g. date, time and content of the SMS message), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests, and such other information as the individual may have provided to the Seller (together, “Third Party List Information”). When acquiring Third Party List Information, Maxim Media Group seeks assurances from the Seller that the Seller has a right to transfer the Third Party List Information to Maxim Media Group and that the Seller has a right to provide offers from advertisers to the individuals whose personal information is included on the Seller's list.
 
1.3 Other Information.

Other occasions when Maxim Media Group obtains information from individuals include (1) when an individual is making a claim for a prize or seeking to redeem an incentive offered by Maxim Media Group or by a Third Party, (2) when an individual requests assistance through Maxim Media Group’s customer service department, and (3) when an individual voluntarily subscribes to a Maxim Media Group service or newsletter (together, “Other Information”).
 
1.4 Cookies, Web Beacons, and Other Info Collected Using Technology.

Maxim Media Group currently uses cookie and web beacon technology to associate certain Internet-related information about an individual with information about the individual in our database. Additionally, Maxim Media Group may use other new and evolving sources of information in the future (together, “Technology Information”).

(a) Cookies.  A cookie is a small amount of data stored on the hard drive of the individual's computer that allows Maxim Media Group to identify the individual with his or her corresponding data that resides in Maxim Media Group’s database. You may read more about cookies at http://cookiecentral.com. Individuals who use the Website need to accept cookies in order to use all of the features and functionality of the Website.

(b) Web Beacons.  A web beacon is programming code that can be used to display an image on a web page (by using an <img src=“x”> programming function -- see http://truste.org for more information), but can also be used to transfer an individual's unique user identification (often in the form of a cookie) to a database and associate the individual with previously acquired information about an individual in a database. This allows Maxim Media Group to track certain web sites an individual visits online. Web beacons are used to determine products or services an individual may be interested in, and to track online behavioral habits for marketing purposes. For example, Maxim Media Group might place, with the consent of a Third Party website, a web beacon on the Third Party's website where baseball products are sold. When Joe, an individual listed in Maxim Media Group’s database, visits the fishing website, Maxim Media Group receives notice by means of the web beacon that Joe visited the baseball site, and Maxim Media Group would then update Joe's profile with the information that Joe is interested in baseball. Maxim Media Group may thereafter present offers of baseball related products and services to Joe. In addition to using web beacons on web pages, Maxim Media Group also uses web beacons in email messages sent to individuals listed in Maxim Media Group’s database.

(c) New Technology.  The use of technology on the Internet, including cookies and web beacons, is rapidly evolving, as is Maxim Media Group’s use of new and evolving technology. As a result, Maxim Media Group strongly encourages individuals to revisit this policy for any updates regarding its use of technology.
 
1.5 Outside Information.

Maxim Media Group may receive information about individuals from Third Parties or from other sources of information outside of Maxim Media Group including information located in public databases (“Outside Information”).
 
1.6 Individual Information.


As used herein, Individual Information means Survey Information, Third Party List Information, Other Information, Technology Information, and Outside Information, and any other information Maxim Media Group gathers or receives about individuals such as usage data, file transfer and viewing data.
 
1.7 No Information Collected from Children.

Maxim Media Group will never knowingly collect any personal information about children under the age of 13. If Maxim Media Group obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from our database. Because it does not collect such information, Maxim Media Group has no such information to use or to disclose to Third Parties. Maxim Media Group has designed this policy in order to comply with the Children's Online Privacy Protection Act (“COPPA”).
 
1.8 Credit Card Information.

Maxim Media Group may in certain cases collect credit card numbers and related information, such as the expiration date of the card (“Credit Card Information”) when an individual places an order from Maxim Media Group. When the Credit Card Information is submitted to Maxim Media Group, such information is encrypted and is protected with SSL encryption software. Maxim Media Group will use the Credit Card Information for purposes of processing and completing the purchase transaction, and the Credit Card Information will be disclosed to Third Parties only as necessary to complete the purchase transaction.

Log File Data: When users log-in to access their account, our servers will automatically record and archive certain information that web-browsers send whenever visiting a Website. These server logs may include information vital to validating the user’s authorization to access the account. Information, such as a Web request, Internet Protocol (the “IP”) address, browser type, browser language, referring pages, exit pages and visited URLs, platform type, click counts, pages viewed and in what order, time spent, the date and time of the request, and other important data is necessary to validate and authorize a user’s entry and activity on the Website.
 
2. Use of Individual Information.

2.1 Discretion to Use Information.

THE COMPANY MAY USE INDIVIDUAL INFORMATION FOR ANY LEGALLY PERMISSIBLE PURPOSE IN COMPANY'S SOLE DISCRETION.
The following paragraphs in Section 2 describe how Maxim Media Group currently uses Individual Information, but Maxim Media Group may change or broaden its use at any time. As noted, Maxim Media Group may update this policy from time to time. Maxim Media Group may use Individual Information to provide promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, online banner advertising, and package stuffers, among other possible uses.
 
2.2 Email.

Maxim Media Group uses Individual Information to provide promotional offers by email to individuals. Maxim Media Group may maintain separate email lists for different purposes. If email recipients wish to end their email subscription from a particular list, they need to follow the instructions at the end of each email message to unsubscribe from the particular list. To unsubscribe from all Maxim Media Group’s email lists, a person must send an email to mike@maximmediainc.com

2.2(a) Content of Email Messages.

In certain commercial email messages sent by Maxim Media Group, an advertiser's name will appear in the “From:” line but hitting the “Reply” button will cause a reply email to be sent to Maxim Media Group. The “Subject:” line of Maxim Media Group email messages will usually contain a line provided from the advertiser to Maxim Media Group.

2.2(b) Solicited Email.

Maxim Media Group only sends email to individuals who have agreed on the Website to receive email from Maxim Media Group or to individuals who have agreed on Third Party websites to receive email from Third Parties such as Maxim Media Group. Maxim Media Group does not send unsolicited email messages. As a result, statutes requiring certain formatting for unsolicited email are not applicable to Maxim Media Group’s email messages.
 
2.3 Targeted Advertising.

Maxim Media Group uses Individual Information to target advertising to an individual. When an individual is using the Internet, Maxim Media Group uses Technology Information (see also Section 2.5 below) to associate an individual with that person's Individual Information, and Maxim Media Group attempts to show advertising for products and services in which the person has expressed an interest in the Surveys, indicated an interest by means of Technology Information, and otherwise. Maxim Media Group may, at its discretion, target advertising by using email, direct mail, telephones, cell phones, and other means of communication to provide promotional offers.
 
2.4 Direct Mail and Telemarketing.

Maxim Media Group uses Individual Information to advertise, directly or indirectly, to individuals using direct mail marketing or telemarketing using telephones and cell phones. 

2.5  Mobile Phone SMS Messaging.

In certain cases, when requested by an individual, a Third Party may use Individual Information to provide customized content and advertising via SMS messaging to an individual’s cell phone.  Maxim Media Group is not responsible for the privacy practices or the content of such Third Parties. 
 
2.6 Use of Technology Information.

Maxim Media Group uses Technology Information (1) to match a person's Survey Information and Third Party List Information to other categories of Individual Information to make and improve profiles of individuals, (2) to track a person's online browsing habits on the Internet, (3) to determine which areas of Maxim Media Group’s web sites are most frequently visited. This information helps Maxim Media Group to better understand the online habits of individuals so that Maxim Media Group can target advertising and promotions to them.
 
2.7 Profiles of Individuals.

Maxim Media Group uses Individual Information to make a profile of an individual. A profile can be created by combining Survey Information and Third Party List Information with other sources of Individual Information such as information obtained from public databases.
 
2.8 Storage of Individual Information.
Maxim Media Group stores the Individual Information in a database on Maxim Media Group computers. Our computers have security measures (such as a firewall) in place to protect against the loss, misuse, and alteration of the information under Maxim Media Group’s control. Not withstanding such measures, Maxim Media Group cannot guarantee that its security measures will prevent Maxim Media Group computers from being illegally accessed, and the Individual Information on them stolen or altered.
 
3. Dissemination of Individual Information.

3.1 Sale or Transfer to Third Parties.

MAXIM MEDIA GROUP MAY SELL OR TRANSFER INDIVIDUAL INFORMATION TO THIRD PARTIES FOR ANY LEGALLY PERMISSIBLE PURPOSE INMAXIM MEDIA GROUP’S SOLE DISCRETION.
 
3.2 Order Fulfillment.

Maxim Media Group will transfer Individual Information to Third Parties when necessary to provide a product or service that a person orders from such Third Party while using Maxim Media Group web sites or when responding to offers provided by Maxim Media Group.
 
3.3 Legal Process.

Maxim Media Group may disclose Individual Information to respond to subpoenas, court orders, and other legal processes.
 
3.4 Summary Data.

Maxim Media Group may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.
 
3.5 Access.

Individuals have access to their Individual Information collected to provide an opportunity for an individual to correct, amend, or delete such information. Access can be obtained by contacting mike@maximmediainc.com. Maxim Media Group may also grant advertising clients and email services providers’ access to an individual's email address to verify the origin of the Individual Information collected.
 
4. Privacy Practices of Third Parties.

4.1 Advertiser cookies and web beacons.

Advertising agencies, advertising networks, and other companies (together, “Advertisers”) who place advertisements on the Website and on the Internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. Maxim Media Group does not control Advertisers' use of such technology and Maxim Media Group has no responsibility for the use of such technology to gather information about individuals.
 
4.2 Links.

The Website and email messages sometimes contain hypertext links to the web sites of Third Parties. Maxim Media Group is not responsible for the privacy practices or the content of such other web sites. Linked web sites may contain links to web sites maintained by Third Parties. Such links are provided for your convenience and reference only. Maxim Media Group does not operate or control in any respect any information, software, products or services available on such Third Party web sites. The inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
 
4.3 Affiliated Companies.

Maxim Media Group may disclose, transfer, and sell Individual Information to entities affiliated with Maxim Media Group in Maxim Media Group’s discretion.  Should Maxim Media Group be subject to an acquisition, merger, sale or other change of control or business entity status, Maxim Media Group reserves the right to transfer or assign the Information collected from the Website.  
 
5. Individuals Outside of the United States.

Anyone using the Website outside of the United States acknowledges that personal information will be collected and stored by Maxim Media Group in the United States.  By using the Website, you consent to the transfer of information to and/or storage of information outside of your country and in the United States.
 
6. Unsubscribe Procedures.

6.1 If you wish to discontinue receiving email messages from Maxim Media Group, you have several options:
 
Unsubscribe from one email list.   To unsubscribe from a particular list, either (1) send an email to mike@maximmediainc.com or (2) follow the instructions in each promotional email message sent by Maxim Media Group.

Unsubscribe from all of Maxim Media Group's email lists.
We reserve the right to add Individual Information to multiple lists maintained by Maxim Media Group. To globally unsubscribe from all of Maxim Media Group’s lists, send an email to: mike@maximmediainc.com

1.Unsubscribe from a particular SMS messaging campaign.

To unsubscribe from a particular SMS messaging campaign on a cell phone, send “STOP”, “END”, or “QUIT” to the SMS message received by the individual.  In addition, other methods to unsubscribe may be set forth on the website at which the individual signed up for the SMS messaging campaign.
 
For more information about protecting your privacy, you may wish to visit: www.ftc.gov.  If you have questions about this policy, please contact us at: mike@maximmediainc.com

Maxim Media Group does not offer refund of any type (see LIMITATION OF LIABILITY). If Advertiser fails to pay the full amount of the charges detailed in any Maxim Media Group invoice within thirty (30) days of such invoice, the unpaid amounts of such invoice shall accrue interest at a rate of 18% per annum. Additionally, Advertiser agrees to pay all of Maxim Media Groups' cost of collection of such charges, including without limitation Maxim Media Group' reasonable attorneys' fees if applicable.
 
5. Late Fees
 

In addition to the terms described in Section 4, if Advertiser fails to pay the full amount of the charges detailed in any Maxim Media Group invoice within thirty (30) days of such invoice, Advertiser shall pay Maxim Media Group a Late Fee in the amount of 5% of the charges detailed in such Maxim Media Group invoice.
 
6. LIMITATION OF LIABILITY
 
MAXIM MEDIA GROUP CAN NOT GUARENTEE RESULTS. IN NO EVENT SHALLMAXIM MEDIA GROUP BE LIABLE FOR INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE LOSS, DAMAGE OR EXPENSE (INCLUDING LOST PROFITS). THE LIMIT OF MAXIM MEDIA GROUP'S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) FOR ANY AND ALL CLAIMS RELATED TO THESE TERMS AND CONDITIONS SHALL NOT IN THE AGGREGATE EXCEED THE FEES PAID TOMAXIM MEDIA GROUP UNDER THE INVOICE.
 
7. Indemnification
 
Advertiser shall indemnify, defend and hold harmless Maxim Media Group against all third party claims, actions and liabilities (including all reasonable costs, expenses and attorneys' fees) arising from or in connection with (a) Advertiser's product(s), services or the content of the Advertiser's copy, including without limitation any claim alleging any violation of any third party's intellectual property rights; or (b) Advertiser's breach of any of its obligations, representations or warranties under these Terms and Conditions. Maxim Media Group shall promptly notify Advertiser in writing of all such claims and shall accommodate Advertiser's reasonable requests for cooperation and information.
 
8. WARRANTIES
 
MAXIM MEDIA GROUP MAKES NO WARRANTY WHATSOEVER AS TO THE EMAIL ADVERTISEMENTS, EXPRESS OR IMPLIED. THIRD PARTIES PROVIDE THE EMAIL ADVERTISEMENTS ON AN “AS IS” BASIS. MAXIM MEDIA GROUP EXPRESSLY DISCLAIMS ANY WARRANTIES THAT COULD BE IMPLIED IN CONTRACT, IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY OR PERFORMANCE OR ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
 
9. Force Majeure
 
Neither party shall be liable for delays or nonperformance of these Terms and Conditions caused by strike, fire or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.
 
10. Assignment
 
Neither party may assign its rights or obligations under these Terms and Conditions without the prior written consent of the other party.
 
11. Relationship of the Parties
 
The parties are independent contracting entities, and there is no partnership or agency relationship between them.
 
12. Entire Agreement
 
The Terms and Conditions described herein and in the invoice specifically incorporating these Terms and Conditions are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein. In the event of any conflict between these Terms and Conditions and any other document (including, without limitation, the Invoice and any Advertiser invoice, insertion order, or purchase order), the provisions of these Terms and Conditions shall govern. The waiver of any right, breach, or default shall not constitute a waiver of any other right or of any subsequent breach or default.
 
13. Disputes
 
Each party hereby waives any right to a trial by jury in the event of any controversy or claim relating to these Terms and Conditions. The law of the State of Florida shall apply to any resulting claim or action, and the exclusive jurisdiction and venue for any proceeding brought pursuant to these Terms and Conditions shall be held in Broward County, Florida.
 
14. Severability
 

Should any provisions of these Terms and Conditions be found invalid or unenforceable, all such provisions are to be enforced to the maximum extent permitted by law, and beyond such extent shall be deemed severed from these Terms and Conditions without affecting the validity or enforceability of any other provision
 
15. Headings
 
The headings of these Terms and Conditions are for convenience only and shall not be used to construe the meaning of this Agreement.