PRIVACY POLICY AND DISCLOSURE STATEMENT

Last updated Feb 10 2023

Please forgive all the legalese. This Privacy Policy and Disclosure Statement is a legal document and sets out how we use and protect any information that you give while visiting Flabberghost.com., an online bookstore.

This Privacy Policy and Disclosure Statement explains how we collect, use, disclose, and safeguard your information when you visit our websites www.Flabberghost.com.

IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY AND DISCLOSURE STATEMENT, PLEASE DO NOT ACCESS THE SITE.

We reserve the right to make changes to this Privacy Policy and Disclosure Statement at any time and for any reason. We will alert you about any changes by updating the “Revised” date of this Privacy Policy and Disclosure Statement. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy and Disclosure Statement on the Site, and you waive the right to receive specific notice of each such change or modification. You are encouraged to periodically review this Privacy Policy and Disclosure Statement to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy and Disclosure Statement by your continued use of the Site after the date such revised Privacy Policy and Disclosure Statement is posted.

COLLECTION OF YOUR INFORMATION:

We may collect information about you in a variety of ways. The information we may collect on the Site includes:

Personal Data:

Personally identifiable information, such as your name, address, email address, and telephone number which you voluntarily give to us when you choose to participate in various activities related to the Site, such as newsletter subscriptions, downloads, website comments, and customer reviews. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site.

Derivative Data:

Information our servers may automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site.

USE OF YOUR INFORMATION:

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to:

Compile anonymous statistical data and analysis for use internally or with third parties.
Send you a periodic digital newsletter.
Increase the efficiency and operation of the Site.
Monitor and analyze usage and trends to improve your experience with the Site.
Notify you of updates to the Site.
Offer new products, services, and/or recommendations to you.
Perform other business activities as needed.
Resolve disputes and troubleshoot problems.

DISCLOSURE OF YOUR INFORMATION:

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

By Law or to Protect Rights:

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

Third-Party Service Providers:

We may share your information with third parties that perform services for us or on our behalf, including data analysis, email delivery, hosting services, customer service, and marketing assistance.

Marketing Communications:

With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.

Other Third Parties:

We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.

TRACKING TECHNOLOGIES:

Cookies, Web Beacons, and Tracking Pixels

We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Site to help customize the Site and improve your experience. When you access the Site, your personal information is not collected through the use of tracking technology.

We may use Google Analytics, a web analytics service of Google Inc., (“Google”). Google Analytics uses cookie text files to analyze how our Site is used. Google uses the data stored on these cookies to compile reports on website activities and to provide further services related to the use of the website.

Periodically, we may need to include a tracking pixel to monitor the effectiveness of information or materials we share. For example, you may subscribe to our newsletter, which may be used for advertising purposes. Newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows for an analysis of the success of online marketing campaigns. Because of these tracking pixels, we may see if and when you open an email and which links within the email you click. Also, this allows the Site to adapt the content of future newsletters to the interests of the user. We do not share this information with third parties.

Website Analytics:

We may also partner with selected third-party vendors, such as Google Analytics, to allow tracking technologies and remarketing services on the Site through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Site, determine the popularity of certain content and better understand online activity. By accessing the Site, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors.

You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain optout cookies, plugins, or settings.

The Site may engage in affiliate marketing, which is done by embedding tracking links into the Site. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.

Flabberghost operates an online shop to provide access to products and services we think you may enjoy. Purchases made through our online shop is facilitated through a third-party and will require the disclosure of personal information, which will include payment details. These third-party providers will share information with Flabberghost so we can process your order and provide customer service.

SECURITY OF YOUR INFORMATION:

While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

SENSITIVE PERSONAL INFORMATION:

At no time should you submit sensitive personal information to the Site. This includes your social security number, information regarding race or ethnic origin, political affiliation or opinions, religious beliefs, health information, criminal background, or other sensitive personal information. If you elect to submit such information to us, it will be subject to this Privacy Policy and Disclosure Statement.

Flabberghost.com including all text, images, software and other content contained herein, is the property of W. Lawrence Nash and is protected by international copyright laws. The compilation and arrangement of all content on this Site is the exclusive property of W. Lawrence Nash and is protected by international copyright laws. All rights reserved.

Trademarks:

All content, including photographs and videos, created by Flabberghost is subject to copyright restrictions.

Use of Site; Restrictions.

You may view and print material displayed on this Site subject to the following conditions: (a) the materials may be used solely for your own, personal information and not for commercial use; and (b) you must retain without modification all copyright, trademark and other proprietary notices affixed to or contained in the materials you print and all copies thereof. You may not copy or otherwise use any portion hereof, except as expressly provided above. You may not reproduce, download, republish, frame, transmit, distribute, sell, license, modify, alter, or prepare derivative works from Flabberghost.com or any portion hereof, except with the express prior written permission of W. Lawrence Nash.

Use of data mining, robots and similar data gathering and extraction tools is expressly prohibited. Nothing contained in this Site shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other proprietary interest of W. Lawrence Nash or any third party. Any rights not expressly granted herein are reserved.

Flabberghost Store Policy Digital Downloading Terms of Use

This Agreement governs the terms by which purchasers of Flabberghost products obtain the right to use the digital content of Flabberghost through the website located at www.flabberghost.com (the “Site”). This Digital Downloading Terms of Use is in addition to the Privacy and Disclosures applicable to the Site and to all persons downloading content from the Site. In the event of any inconsistency between these Terms and the Site Terms of Service or any other Site policies (all of which are incorporated into this Agreement by reference), these Terms shall govern.

By downloading Content purchased from this site, you accept these Terms, and agree to be bound by its provisions. If you do not accept or agree with these terms, do not purchase download-only products. Pretty Simple.

In this Agreement: (i) “you” means the person downloading the content, (ii) “Flabberghost” or “we” means Flabberghost, operator of the Site; and (iii) “Content” means any digital media or other material that you are downloading from the Site after purchase.

Downloading Terms:

We hereby grant to you a perpetual, non-exclusive, non-transferable, worldwide license to use the Content for the Permitted Uses only (as defined below). All rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Flabberghost or W. Lawrence Nash, as applicable.

Permitted Uses:

(a) You may only use the Content for personal use only on your personal devices only. For clarity, you may not use the Content in products for resale, license, or any other distribution. For example, you are not permitted to modify the Content, print it in any form, and sell it to others for consumption, reproduction or re-sale. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright!

(b) Restrictions. You are permitted to use the Content for personal use only, although you may transfer files among your personal devices such as phone, tablet, laptop, or desktop computer. You may install and use the Content in only one location at a time for each file, although there is no time limit on the duration you can use it for. You may physically transfer the Content from one location to another i.e., distributing it among your personal devices. If you require the Content to be in more than one location or accessible by more than one person, you must download the Content from the Site for each such use or individual. You may make only one (1) copy of the Content solely for back-up purposes.

If there is any doubt that a proposed use is a Permitted Use, you should contact Flabberghost at LWN@flabberghost.com.

Standard Licensc Prohibitions

(a) Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section. For greater certainty, the following are “Prohibited Uses” and you may not, either individually or in connection with others:

use the Content in any form, format, or applications intended for resale, license, or other distribution, whether online or not, regardless of profit or revenue;
use or display the Content on websites or other venues designed to induce or involving the sale, license, or other;
use the Content in books, magazines, newspapers, or any other publication, regardless of whether the final product is offered for sale, resale, license, or other form of distribution;
incorporate the Content in any product that results in a re-distribution or re-use of the Content or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;
use the Content in a fashion that is considered by Flabberghost (acting reasonably) as or under applicable law is considered obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content;
sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;
install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;
use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.

Term of Agreement:

(a) This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from Flabberghost if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Content and for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to Flabberghost in writing that you have complied with these requirements.

(b) Flabberghost reserves the right to elect at a later date to revoke or amend the license granted by this Agreement and replace the Content with an alternative for any reason. Upon notice, sent to the address or contact information provided by you, or such other address as you may advise us in writing to use, from time to time, of such replacement, the license for the replaced Content immediately terminates for any products that do not already exist, and this license automatically applies to the replacement Content. You agree not to use the replaced Content for future products and to take all reasonable steps to discontinue use of the replaced Content in products that already exist.

(c) Upon notice from Flabberghost, or upon your knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another’s right for which Flabberghost may be liable, you must immediately and at your own expense (i) stop using the Content; (ii) delete or remove the Content from your devices, computer systems and storage (electronic or physical). Flabberghost shall provide you with replacement Content (which shall be determined by Flabberghost in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

Flabberghost Representations and Warranties:

(a) While we have made reasonable efforts to provide correct information in the Content, Flabberghost does not warrant the accuracy of such information.

(b) THE CONTENT IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FLABBERGHOST DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT FLABBERGHOST) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.

General Provisions:

(a) You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the Terms of Service and any other policies or agreements which may be incorporated by reference therein, and to the extent of their incorporation in this Agreement you agree to be bound by them.

(b) Flabberghost’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

Contact:

If you have concerns relating to this Agreement, please contact Flabberghost by emailing LWN@flabberghost.com.

Acknowledgment:

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT. IN CONSIDERATION OF FLABBERGHOST AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND FLABBERGHOST, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND FLABBERGHOST RELATING TO THE SUBJECT OF THIS AGREEMENT.

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