Terms

Collective Licensing International, LLC
Privacy Policy & Terms of Use

Privacy Policy

This Privacy Policy is incorporated into, and is subject to, the Terms of Use. Any capitalized terms not defined in the Privacy Policy have the meaning set forth in the Terms of Use.

We value our customers and respect their privacy. We collect both personal and non-personal information from our customers. As described in this Privacy Policy, Collective Licensing International, LLC (“CLI”) and its affiliates may share this information with each other and use it in a manner consistent with this Privacy Policy.

In this policy, (i) ‘we’ or ‘our’ means Collective Licensing International, LLC, located at 800 Englewood Parkway, Suite C-200, Englewood, Colorado, 80110, USA, and its affiliated companies (“CLI”), (ii) “Information” shall refer to each or both of personal or non-personal information (as each is defined herein), and (iii) “Site” shall mean the www.simsnow.com website. The captions in this Privacy Policy are for convenience only and will not be considered a part of, or be deemed to affect the construction or interpretation of, any provision of this Privacy Policy

Security – Safeguarding of Information.

We endeavor to protect against unauthorized disclosures by trying to limit access to Information to the people who need that Information to do their jobs. We also inform and remind CLI employees about their responsibility to adhere to our business ethical standards and confidentiality policies. To prevent unauthorized access, maintain data accuracy and ensure the correct use of Information, we have put into place physical, electronic, and managerial procedures to safeguard and secure the confidentiality and integrity of the Information we collect. These safeguards are designed to protect against, but are not in any way a guarantee against, loss, misuse, unauthorized access, disclosure, alteration, and destruction of Information.

We use technology designed to transfer Information securely from your web browser to our web servers, meaning that all of the Information is encrypted, an effort to avoid the decoding of that Information by anyone other than us.

Types of Information We Collect and How We Collect It.

Personal information is data that can be used to uniquely identify or contact a single person, and that includes but is not limited to an email address or an IP address, name, gender, date of birth, etc.

Non-personal information is data in a form that does not permit direct association with any specific individual, and that includes but is not limited to zip codes, area codes, time zones, browser types, or internet service providers.

As is true of most websites, we gather some Information automatically and store it in log files. This Information may include the Internet Protocol (IP) address, browser type, language, internet service provider (ISP), referring and exit page, operating system, date/time stamp, and click-stream data. We use this Information to understand and analyze trends, to administer the site, to lean about user behavior on the Site, and to gather demographic information about our user base as a whole. CLI may use this Information in our marketing and advertising services. Whenever you browse our site, we automatically receive and record information, such as your IP address, browser type, domain name and specific web pages through which you click. We may collect, use, transfer, and disclose non-personal information for any purpose.

We may use various kinds of software devices to collect information about Internet use. Small files called “cookies” may be attached to your Web browser. These files identify your browser and save information such as passwords so that Web sites can recognize you. You can set your browser to disable cookies, but some portions of this site (and possibly other sites) may not work properly if you do this. We may also use web beacons to review how visitors navigate the Site. If you would like more information about this practice, and your choices and how they relate to this practice, please contact us.

We do not, however, intentionally collect personally identifiable information, other than an Internet Protocol (IP) address, unless you choose to provide it to us. If you voluntarily register on our Site, for example, we may collect your email address as well as any other data that you voluntarily admit. You may also be asked to provide your personal information anytime you are in contact with CLI or a CLI-affiliated company.

We may combine personal information with non-personal information. If we do, the combined information will be treated as personal information for as long as it remains combined.

How We Use Your Information.

Our primary purpose for collecting Information is so that we may provide to you a safe, efficient, and beneficial experience. CLI and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. We may use Information for the purpose of improving our services and our Site’s contents or for any other purpose that may be disclosed at the point of collection. We may also use Information to provide services and customer support that you may request, as well as to correct problems, resolve disputes, and collect fees.

When you browse our Site, the Information recorded and collected automatically, such as your IP address, browser type, domain name, and specific web pages through which you click, are used in aggregate to help us look for trends so that we can improve our Site and your browsing experience. These statistics may also be used in various forms of communications, such as our annual report, but we do not identify individuals in these communications.

We may also use the Information we collect on our Site out of necessity in order to comply with legal requirements, to enforce the Site Terms of Use, to prevent fraud, to co-operate with law enforcement and regulatory authorities, and to stop other prohibited, illegal, or harmful activities.

Our main servers are in Denver, Colorado, USA, and it is likely that your data will be held on servers there. When you provide us with your personal data, you acknowledge that this information may be stored and processed on servers located outside the European Economic Area (‘EEA’). If you are in the EEA, you consent to your personal data being exported outside the EEA and being stored and processed at our discretion on any of our servers wherever they may be located.

Our Disclosure of Your Information.

We may use third-party companies to assist in the collection and analysis of data collected through the use of web beacons. We may share your personal information with affiliated companies that are subject to privacy policies consistent with this policy. We may also share your personal information with outside companies that perform specific services for CLI. We may employ independent contractors, vendors, and suppliers to provide specific services and products. In those situations, the outside company is performing work for us, and we take appropriate steps designed to ensure that your personal information is used only as necessary to provide the services requested by us. We may also disclose personal information to third-parties to whom you explicitly ask us to send your information.

If we sell or buy any business or assets (in whole or in part), we may disclose your personal data to the prospective sellers or buyers of the business or assets and their advisors. If CLI or some of its assets are acquired by a third party, the data held will be one of the transferred assets. Similarly, your personal information may be passed on to a successor in interest in the event of a reorganization, reconstruction, liquidation, bankruptcy or administration. It may be that any buyer or successor buys all or only part of our business. It may also be the case that they are not in the same line of business as CLI. If this is the case, we will expect them to observe the terms of this Privacy Policy.

We reserve the right to release personal information about you when we believe release is appropriate to comply with the law, in response to legal process and law enforcement requests, to enforce or apply our Terms of Use and other agreements, or to protect our rights, property, safety, or other interests of our company, affiliates and shareholders, or others. This includes exchanging Information with other companies and organizations for fraud protection and credit risk reduction.

How We Protect Kids’ Privacy Online.

Our Site is a general audience website and it is our intention that our Site should be used by persons over age 13.

We do not knowingly collect or solicit personal information from children under 13 years of age. We are concerned about the safety of children when they use the Internet and will never knowingly request personal information from anyone under the age of 13. If the parent or guardian of a child under 13 believes that the child has provided us with any personal data, the parent or guardian of that child should contact us and ask to have this personal information deleted from our files. If we otherwise obtain knowledge that we have personal information about a child under 13 in our files, we will delete that personal information from our existing files so that it is not in retrievable form.

Links to Other Websites.

Our Site may contain links to other websites. You should review the policies of those websites before providing any personal information, as we may or may not control the privacy policies or practices of those other websites. Our Sites provide links solely for the convenience and information of our customers.

How You Can Review and Change Your Information.

If you have any questions or concerns about CLI’s Privacy Policy, please contact us.

You can contact us to have your Information corrected, amended, or deleted, where it is inaccurate or inappropriate for the specified purposes of processing. To protect your privacy and security, we may ask you to verify your identity and/or provide other details to help us respond to your request before granting access or making corrections. Please note that any requests to update your personal information may take up to ten (10) days.

Send us an e-mail: info@collectiveintl.com

Call us: 1-866-376-8805 (Toll-free in U.S. and Canada)
8:00 AM – 5:00 PM MST Monday – Friday

Write to us: Collective Licensing International, LLC
c/o Customer Service
800 Englewood Parkway, Suite C-200
Englewood, Colorado, 80110 USA

In the unlikely event that you still have an unresolved issue after we have looked into any concern, if your data was transferred to the US from the European Union or Switzerland under the Safe Harbor framework as mentioned above, you may also contact our dispute resolution service, operated by NIPC, an independent arbitration service based in Europe. We can give you the details of this service on request.

Notice to California Residents – Your California Privacy Rights.

In addition to other rights described in this Privacy Policy, if you are a California resident with whom we have established a business relationship and whose Information (for instance, e-mail address) we may have disclosed to third parties during the preceding calendar year, you shall have the right, subject to certain exceptions and our offering you the choice not to have your personal information shared as described above, to receive the following information within thirty (30) days of receipt of the request: (1) a list of the categories of personal information disclosed to such third parties during the immediately preceding calendar year; and (2) the names and addresses of the third parties that received the personal information during the preceding calendar year. All requests for such information must be in writing and sent to: Attention: Collective Licensing International, LLC, 800 Englewood Parkway, Suite C-200, Englewood, Colorado, 80110, USA.

Amendments to Our Privacy Policy.

We reserve the right to change our Privacy Policy as our business changes. If our policy changes in the future, we will post an updated privacy policy on our Site. You can tell if this policy has changed by checking the revision date that appears at the end of this policy. If you would like a permanent record of this Privacy Policy please print a copy.

The information contained in this website is subject to change without notice.

SIMS is a registered trademark of Thomas P. Sims and is registered in the United States of America and other countries and is used under license and explicit permission as granted to Collective Licensing International, LLC.

Collective Licensing International, LLC, 800 Englewood Parkway, Suite C-200, Englewood, Colorado 80110, USA.

Terms of Use

By using this Site, you agree to this Terms of Use; if you do not agree, do not use this Site.

We have stated on this website, collectiveintl.com (the “Site”), the terms and conditions that apply when you use our Site. By accessing the Site, you agree to be bound by the terms and conditions that are in effect and as shown here. Collective Licensing International, LLC (herein referred to as “CLI”), reserves the right, upon its sole discretion, to modify this Terms of Use from time to time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, CLI grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Privacy.

CLI’s Privacy Policy applies to the use of this Site, and its terms are made a part of this Terms of Use by this reference.

By using this Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Contents of This Site and Your Use of the Content.

You are strictly prohibited from misusing any of the Material on this Site. Modifying or using the Material in any way is a violation of the copyrights and other intellectual property rights of the owner of the Materials.

This site includes Materials (as defined herein) in many formats, including images, illustrations, audio clips, video clips and text. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such (collectively, the “Material”), contained on the Site is owned, controlled, or licensed by or to CLI or its affiliates, and is protected by trade dress, copyright, patent, and trademark laws, and perhaps various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Material may be copied, downloaded, publicly displayed, reproduced, republished, uploaded, posted, transmitted, encoded, translated, or distributed, in any way, including “mirroring” to any other computer, server, website, or other medium, for publication or distribution or for any commercial enterprise, without the prior written consent of CLI. You may not modify the Material or use the Material for any purpose other than your own personal, non-commercial, home use.

You will see various symbols (e.g. ®, ™) next to Material on this Site. These marks show that the Material is either a registered or unregistered mark of either CLI or an affiliate of CLI, or another entity or person. Nothing in this Site grants you any license or right to use any marks displayed on this Site without the written permission of the owner of the mark.

Use of the Site.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Material, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Material, to obtain or attempt to obtain any content, documents, or information through any means not purposely made available through the Site. CLI specifically reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of the services offered on or through the Site, by hacking, password, “mining” or any other illegitimate means.

You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer of CLI, or exploit the Site or any service or information made available or offered by or through the Site, in any way, where the purpose is to reveal any information, including but not limited to personal identification, or information other than your own information, as provided for by the Site.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to CLI on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Material for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of CLI or others.

Control and Operation.

This Site is controlled and operated by CLI, a subsidiary of Collective Brands, Inc., from its offices located at 800 Englewood Parkway, Suite C-200, Englewood, Colorado, 80110, USA. The phone number to contact Customer Service is 1-866-376-8805 (toll free in U.S. and Canada), available Monday – Friday, 8:00AM – 5:00PM, Mountain Standard Time. CLI makes no representation that the information in this Site is appropriate or available for use in locations other than the United States. If you choose to access this Site from a location outside the United States, then you must do so on your own initiative and you are responsible for complying with any applicable local laws.

Information That You Submit to CLI.

We welcome your comments regarding our services and about our Site. Any notes, messages, ideas, suggestions, or other information that you send to us (the “Unsolicited Information”) will become the property of CLI. We may use this Unsolicited Information in any way we choose for as long as we choose, and without any restrictions. By sending us the Unsolicited Information, you agree that we have the right to publish the Unsolicited Information for any type of use including promotional and advertising purposes and that we do not owe you any compensation for using the Unsolicited Information. Because we have an unlimited right to use whatever you send us without paying you any compensation, please do not send us any original creative Unsolicited Information such as artwork, stories, slogans or product designs.

Links to Other Sites.

As a convenience to our customers, we have included links from our Site to the brand websites for the brands that are owned, licensed, or managed by CLI. When you access one of these websites through a link on the Site, you do so at your own risk. When you click on the link for any one of these other websites, you will actually leave the Site.

Disclaimer.

THIS SITE AND THE CONTENT OF THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CLI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF A PARTICULAR PURPOSE. CLI DOES NOT WARRANT THAT THE CONTENT OF THIS SITE WILL BE ACCURATE, RELIABLE OR ERROR-FREE, UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OF THIS SITE OR IN LINKED WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT CLI SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
CLI reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason, (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms, (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitations on the Liability of CLI.

Except where prohibited by law, in no event will CLI be liable to you for any actual, indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if CLI has been advised of the possibility of such damages.

Neither CLI nor its affiliates or related entities, or its content providers, are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage, injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided on the Site or from the use of, or the inability to use, CLI information. You specifically agree that CLI is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with Site or any information on the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.

If, notwithstanding the other provisions of these Terms of use, CLI is found to be liable to you for any damage or loss which arises out of or is connected with your use of the Site or any Material, CLI’s liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity.

You agree to indemnify and hold CLI, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless form any demands, loss, liability, claims, or expenses (including attorney’s fees), made against CLI by any third parties due to or arising out of or in connection, with your use of the Site.

Violation of these Terms of Use.

CLI may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) CLI’s rights or property, or the rights or property of visitors to, or users of the Site, including CLI’s customers. CLI reserves the right at all times to disclose any information that CLI deems necessary to comply with any applicable law, regulation, legal process, or governmental request. CLI also may disclose your information when CLI determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organization for fraud protection purposes.

You acknowledge and agree that CLI may preserve any transmittal or communication by you to CLI through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or CLI determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the right of others, or (4) protect the rights, property, or personal safety of CLI, its employees, users of or visitors to the Site, and the public.

You agree that CLI may, in its sole discretion and without prior notice, terminate your access to the Site and /or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to CLI, for which monetary damages would be inadequate, and you consent to CLI obtaining any injunctive or equitable relief that CLI deems necessary or appropriate in such circumstances. These remedies shall be in addition to any other remedies CLI may have at law or in equity.

You agree that CLI may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes but is not limited to (1) requests by law enforcement or other government agencies, (2) a request by you, (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If CLI does take any legal action against you as a result of your violation of these Terms of Use, CLI will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to CLI. You agree that CLI will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of use.

Termination of Agreement.

These Terms of Use will continue as an agreement between you and CLI until we terminate them, which we may do at any time without notice to you. We also may terminate your right to use this Site immediately and without notice to you if, in our sole discretion, you fail to comply with any of these Terms of Use. If we do terminate your right to use this Site, then you are no longer authorized to access or use any of the benefits of this Site. In addition, the restrictions we have imposed on you concerning copying or downloading information, and the disclaimers and limitations or liabilities that we have stated in the Terms of Use, will survive our termination of the agreement. The Terms of Use that we have stated in this Site are the entire agreement between you and CLI relating to each of the issues discussed in those Terms of Use.

Disputes.

If you have concerns about our Site, we encourage you to contact us. If you decide to pursue a claim against us, our agreement is governed by and shall be construed in accordance with the laws of the State of Kansas without giving effect to any principles of conflicts of law. You agree to bring any claims against CLI exclusively in the state or federal courts of Kansas. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Waiver of Class Action Rights: By using this Site, you irrevocably waive any right you may have to join claims with those of others in the form of class action or similar procedural device. Any claims arising out of, relating to, or in connection with this Terms of Use must be asserted individually.

Void Where Prohibited.

CLI administers and operates the www.collectiveintl.com website from its location in Denver, Colorado, USA. Although this Site is accessible worldwide, not all features, products, or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. CLI reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so of your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous.

The captions in these Terms of Use are for convenience only and will not be considered a part of, or be deemed to affect the construction or interpretation of, any provision of these Terms of Use.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and CLI with regard to your use of the Site, and any and all other written or oral agreements or understanding previously existing between you and CLI with respect to such use are hereby superseded and cancelled. CLI’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by CLI of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between CLI and you or any other party be deemed to modify ay provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

The information contained in this website is subject to change without notice.

SIMS is a registered trademark of Thomas P. Sims and is registered in the United States of America and other countries and is used under license and explicit permission as granted to Collective Licensing International, LLC.

© 2012. Collective Licensing International, LLC. All rights reserved.

Collective Licensing International, LLC, 800 Englewood Parkway, Suite C-200, Englewood, Colorado 80110, USA.

Updated by the CLI Legal Team on August 20, 2012.