The internet is a powerful tool—it provides valuable information and services. However it can also be used to provide information about you to the rest of the world that you may not wish to be known. Zen Spa wants you to know exactly how we use the information you provide.
First and foremost we respect and protect the privacy of our users. Zen Spa will never willfully disclose individually identifiable information about its customers to any third party without first receiving your written permission. Zen Spa shares general statistical and demographic information about our users with advertisers, business partners, sponsors, and other third parties. However, we talk about our users in aggregate, not as individuals.
There are cases where Zen Spa collects personal information such as your name or address. We do this when you register for contests/promotions or services that require registration or subscription. We use this information for internal use only. We do not sell, distribute, or share, this type of information. When we intend to use your personal information we tell you directly. This way you can decide whether you want to give us the information or not. For example, we may want to post the names of contest winners on our site or send you materials via e-mail or regular mail at your request. In case you change your mind or your personal information changes (such as your marital status), we will endeavor to provide a way to correct, update, or remove the personal data you give us.
LINKS TO OTHER SITES
• How do we protect the confidentiality of your Non-Public Personal Information?
We have taken reasonable steps to assign passwords, encrypt sensitive data and protect our databases, servers and other information storage locations from unauthorized access. Our Partners employees are subject to written policies regarding the use and disclosure of your Non-Public Personal Information. These precautions are not an absolute guarantee of security from unauthorized access and you submit all Non-Public Personal Information at your own risk.
• How can you opt-out of receiving e-mails, mail, phone calls and/or faxes from us?
We will contact you via e-mail. Should you wish to suspend this service, you may "opt-out" on our Web site, or you may contact us at ZenSpaSanDiego.com and we will promptly remove your contact information from the respective distribution list.
• Will this Privacy Statement change?
We periodically review our privacy practices. This Privacy Statement may be revised at any time. Notice of a revision to the Privacy Statement will be prominently displayed on our Web site.
Your registration, and subsequent registered use of the site serve to acknowledge your agreement to indemnify and hold Zen Spa and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the service, your use of the service, your connection to the service, your violation of the Terms Of Service, or your violation of any rights of another.
You agree that Zen Spa may, under certain circumstances and without prior notice, immediately terminate your Zen Spa account, any associated email address, and access to the service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Zen Spa account includes (a) removal of access to all offerings within the Service, including but not limited to any part of the system, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Zen Spa’s sole discretion and that Zen Spa shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
Zen Spa’s DMCA Policy
Zen Spa is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). Zen Spa respects the legitimate rights of copyrights and trademark owners, and has adopted an efficient notice and takedown procedure as required by the DMCA and described herein. This policy is intended to guide copyright and trademark owners in utilizing that procedure, and also to guide webmasters in restoring access to websites that are disabled due to mistake.
Notice to Owners of Copyrighted Works
The DMCA provides a legal procedure by which you can request any Online Service Provider to disable access to a website where your copyrighted work(s) are appearing without your permission. There are two parts to the legal procedure: (1) Writing a Proper DMCA Notice, and (2) Sending the Proper DMCA Notice to Zen Spa’s Designated Agent.
How to Write a Proper DMCA Notice
A Proper DMCA Notice will notify Zen Spa of particular facts in a document signed under penalty of perjury. We refer to this as a “Proper DMCA Notice.” To Write a Proper DMCA notice, please provide the following information:
* Identify yourself as either:
• The owner of a copyrighted work(s), or
• A person “authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”* State your contact information, including your TRUE NAME, street address, telephone number, and email address.
* Identify the copyrighted work that you believe is being infringed, or if a large number of works are appearing at a single website, a representative list of the works.
* Identify the material that you claim is infringing your copyrighted work, to which you are requesting that Zen Spa disable access over the World Wide Web.
* Identify the location of the material on the World Wide Web by providing “information reasonably sufficient to permit ZenSpa to locate the material.”
* State that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law.”
State that the information in the notice is accurate, under penalty of perjury.
* Sign the notice with either a physical or electronic signature.
Sending the Proper DMCA Notice to the Designated Agent
To exercise your DMCA rights, you must send your Proper DMCA Notice to the following agent designated by Zen Spa(the “Designated Agent”.) The contact information for Zen Spa’s Designated Agent is:
Email: info @ southerncaliforniamarketingservices DOT com
What We Do When We Receive a Proper DMCA Notice
Zen Spa will follow the procedures provided in the DCMA, which prescribed a notice and takedown procedure, subject to the webmaster’s right to submit a Counter-notification claiming lawful use of the disabled works.
Notice and Takedown Procedure
It is expected that all users of any part of the Zen spa system will comply with applicable copyright laws. However, if Zen Spa is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Zen Spa will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.
Notice to Users of ZenSpaSanDiego.com
Pursuant to the Terms of Service Agreement you agreed to when you were permitted to become a System User, you are required to use only lawfully-acquired creative works as website content, and your website may be disabled upon receipt of notice that infringing material is appearing there. Zen Spa also respects the legitimate interests of webmasters in utilizing media content lawfully, being permitted to present a response to claims of infringement, and obtaining timely restoration of access to a website that has been disabled due to a copyright complaint. Your System Use privileges will also be suspended. You may protest a DMCA notice by submitting a Counter-notification as described below.
Writing and Submitting a Counter-notification
If access to your website is disabled due to operation of the DMCA notice and takedown procedure described above, and you believe the takedown was improper, you must submit a counter-notification.
Writing a Counter-Notification
To write a proper counter-notification, please provide the following information:
* State that access to your website was disabled due to operation of the notice and takedown procedure.
* Identify the material that has been removed and designate its URL prior to removal.
* State, under penalty of perjury:
• Your name, address, and telephone number,
• That you “have a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material,"
• That you “consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located."
Sending the Counter-notification
To exercise your DMCA rights, you must send your Counter-notification to the “Designated Agent” for Zen Spa, whose contact information is:
Email: info @ southerncaliforniamarketingservices DOT com
Zen Spa may, in its discretion, use all appropriate means to terminate user access to its system or network who are repeat infringers.
Accommodation of Standard Technical Measures
It is Zen Spa’s policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.
Policy With Regard To Non-Compliant Communications
Zen Spa has discretion to handle non-compliant notices in whatever manner appears to be reasonable given the circumstances presented.
Submission of Misleading Information
The submission of misleading information of any sort in a notification or counter-notification submitted to Zen Spa voids any claim of right made by the submitting party.
Zen Spa Copyright 2011