Terms, Policy & Procedures, and everything Legal

 

 

Terms of Service

 

Last Updated on November 14, 2017. These terms and conditions are effective immediately for those registering accounts after that date and will become effective August 1, 2015 for those with pre-existing accounts.

 

These terms and conditions (the "Terms") govern your access to and use of Not Just Spectator's website that links to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Not Just Spectators, Inc., a Georgia corporation headquartered in Atlanta, Georgia ("Not Just Spectators"). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.

• Definitions 

• Parties

"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," "our,” and “NJS” refer to Not Just Spectators, Inc.

• Content

"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "Not Just Spectators Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Not Just Spectators, Inc. or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Not Just Spectators Content.

• Changes to the Terms of Service

We may modify the Terms from time to time. The most current version of these Terms will be located on our site under our password protected profile. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.

• Translation

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Not Just Spectators, LLC., and any inconsistencies among the different versions will be resolved in favor of the English version.

• Using the Site

  Eligibility

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.

• Permission to Use the Site

We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that may be offensive, objectionable, or otherwise adverse.

• Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

• User Accounts

You must register your program and or business to gain access to your personalized account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

Your account is to keep you informed of your services, expiration dates, special opportunities, and other notices from NJS, Inc. only. You may not create or use an account for anyone other than yourself. Please read our Privacy Policy for more information.

• Communications from Not Just Spectators, Inc. and other Users

By creating an account, you agree to receive certain communications in connection with the Site. For example, you will receive participants referred by our site. You will also receive updates about what's happening in your city. 

• Content

  Responsibility for Your Content

You alone are responsible for Your Content, and once published, there will be a fee for any unscheduled updates. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Not Just Spectators, Inc.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

• Our Right to Use Your Content

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Not Just Spectators, Inc. and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

• Ownership

As between you and Not Just Spectators, Inc. you own Your Content. We own the Not Just Spectators Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Not Just Spectators, Inc.'s Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the NJS Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the NJS Content are retained by us.

• Advertising

NJS and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

• Content Feeds

We make some of the Site Content ("Feed Content") available via Real Simple Syndication and Atom feeds ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on Not Just Spectator's websites, and attributes Not Just Spectators as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that Not Just Spectators promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden Not Just Spectators systems. Not Just Spectators reserves all rights in the Feed Content and may terminate the Feeds at any time. Please contact us to inquire about other possible uses of the Feeds.

• Other

User Content (including any that may have been created by users employed or contracted by Not Just Spectators) does not necessarily reflect the opinion of Not Just Spectators. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

• Restrictions

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

• You agree not to, and will not assist, encourage, or enable others to use the Site to:

  Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

  Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

  Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Not Just Spectators;

  Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;

  Solicit personal information from minors, or submit or transmit pornography; or

  Violate any applicable law.

• You also agree not to, and will not assist, encourage, or enable others to:

  Violate the Terms;

  Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Not Just Spectators;

  Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;

  Reverse engineer any portion of the Site;

  Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;

  Record, process, or mine information about other users;

  Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;

  Reformat or frame any portion of the Site;

  Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Not Just Spectators technology infrastructure or otherwise make excessive traffic demands of the Site;

  Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;

  Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");

  Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;

  Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or

  Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us at NotJustSpectators@gmail.com, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

• Guidelines and Policies

  Content Guidelines

You represent that you have read and understood our Content Guidelines.

• Privacy

You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.

• Copyright And Trademark Disputes

Please see our Infringement Policy for information about copyright and trademark disputes.

• Events

Please see our Event Terms and Conditions for information about events listed on or linked to on the Site. You represent that you have read and understood them.

• NJS Deals and NJS Advertising

If you purchase a NJS Deal or Gift Certificate, the terms of your purchase will be governed by the NJS General Terms for Deals and Certificates. Please review them before you make each purchase since they may change from time to time. In the event of any conflict between the NJS General Terms for Deals and Certificates and these Terms, the NJS General Terms for Deals and Certificates will prevail.

Similarly, if you purchase advertising from Not Just Spectators, the NJS Advertising Agreement will apply. In the event of any conflict between the NJS Advertising Agreement and these Terms, the NJS Advertising Agreement will prevail.

• Suggestions and Improvements

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against NJS and its users any claims and assertions of any moral rights contained in such Feedback.

• Third Parties

The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.

Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures, including the ones posted in our third party terms and incorporated herein by reference.

• Indemnity

You agree to indemnify, defend, and hold NJS, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "NJS Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. NJS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of NJS. NJS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

• Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE NJS ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

• III. LIMITATIONS ON USE OF THE SERVICE.   

• Subscription to the Service and payment of the fee authorizes a single individual to use the Service.  A password and/or unique user I.D. will be provided to you.  You are responsible for maintaining the confidentiality of such passwords and/or user I.D., and you agree that you will be responsible for all use of any such password and/or user I.D., including any access to, or use of, the Service by unauthorized persons.  In the event that your password and/or user I.D. is lost or stolen, please notify Bluebird immediately so that a new password or user I.D. may be issued promptly.  You may not grant, resell or sublicense access to the Site or the Service, or any of the rights granted to you herein, to any third party.  You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Site or the Service.  You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or access the source code from which any component of the Site or the Service is compiled or interpreted, and nothing in this Agreement may be construed to grant any right to obtain or use such source code.  You agree not to use the Site or the Service to violate any local, state, national or international law or to impersonate any person or entity, or otherwise misrepresent your identity or your affiliation with a person or entity.  

• THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE NJS ENTITIES WILL MONITOR, CONTROL, OR VET USER CONTENT. THE NJS ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE NJS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.

• THE NJS ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE NJS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.

• THE NJS ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE NJS ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.

• YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF USE OF THE SITE.

• THE NJS ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE NJS ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

• THE NJS ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

• Choice of Law and Venue

Georgia law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and NJS (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN FULTON COUNTY, GEORGIA.

• Termination

  You may terminate the Terms at any time by discontinuing your use of the Site, and providing NJS with a notice of termination NotJustSpectators@gmail.com.

  We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind.

  In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 - 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.

 

• General Terms

  We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

  We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.

  Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

  The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

  Any failure on NJS's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

  If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

  The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by you except with NJS's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

  The section titles in the Terms are for convenience only and have no legal or contractual effect.

 

General Guidelines

 

Not Just Spectators allows users to contribute different kinds of content, including reviews, photos, events, and flyers. Playing nice isn’t rocket science, but just in case, we’ve put together these general guidelines. Please also read the guidelines below for specific types of content that you might contribute to the site.

• Inappropriate content: Colorful language and imagery is fine, but there's no need for threats, harassment, lewdness, hate speech, and other displays of bigotry.

• Conflicts of interest: Your contributions should be unbiased and objective. For example, you shouldn’t write reviews of your own business or employer, your friends’ or relatives’ business, your peers or competitors in your industry, or businesses in your networking group. Business owners should not ask customers to write reviews.

• Relevance: Please make sure your contributions are relevant and appropriate to the forum. For example, reviews aren't the place for rants about political ideologies, extraordinary circumstances, or other matters that don't address the core of the consumer experience.

• Privacy: Don’t publicize other people’s private information. Please don’t post close-up photos or videos of other patrons without their permission, and please don’t submit post other people’s full names unless you’re referring to service providers who are commonly identified by or commonly share their own full names.

• Intellectual property: Don’t use content from other sites or users.

 

 

Review Guidelines

 

The best reviews are passionate and personal. They offer a rich narrative, a wealth of detail, and a helpful tip or two for other consumers. Here are some additional thoughts for conscientious reviewers.

• Personal experience: We want to hear about your firsthand consumer experience, not what you heard from your co-worker or significant other. Try to tell your own story without resorting to broad generalizations and conclusory allegations.

• Accuracy: Make sure your review is factually correct. Feel free to air your opinions, but don't exaggerate or misrepresent your experience.

• Review updates: Review updates should reflect a new experience or interaction with the business. If you'd like to add new insight to an old experience include that in your post.

 

Privacy

 

1. Information We Collect and How We Use It

We may collect and store information about you when you use the Service. We use the information to fulfill your requests, provide the Service’s functionality, improve the Service’s quality, personalize your experience, track usage of the Service, provide feedback to third party businesses that are listed on the Service, display relevant advertising, market the Service, provide customer support, message you, back up our systems and allow for disaster recovery, enhance the security of the Service, and comply with legal obligations.

Among the information we collect, please note:

• Public Content: The information that you contribute through the Service is intended for public consumption, including your reviews, tips, photos, videos, comments, and Events.We may display this information through the Service, share it with businesses, and further distribute it to a wider audience through third party sites and services.

• Contacts: You can invite your friends to join the Service by providing us with their contact information by send it to NotJustSpectators@gmail.com.

• Communications: When you sign up for an account or use certain features, you are opting to receive messages from other NJS users, businesses, and NJS itself. Note that you cannot opt out of receiving administrative, transactional, or legal messages from NJS. Your actions in response to the messages you receive from NJS. NJS may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business.

• Transactional Information: If you initiate a transaction through the Service, such as a reservation or purchase, we may collect and store information about you, such as your name, phone number, address, email, and credit card information, as well as any other information you provide to us, in order to process your transaction, send communications about them to you, and populate forms for future transactions. This information may be shared with third parties for the same purposes. NJS does not disclose your personal information to third parties for the purpose of directly marketing their services to you unless you first agree to such disclosure. When you submit credit card numbers, we encrypt that information using industry standard technology. If you write reviews about businesses with which you transact through the Service, we may publicly display the fact that you transacted with those businesses. For example, if you purchase tickets to an event through the Service and write a review about your experience, we may publicly display the fact that you made your ticket purchase through the Service.

• Activity: We may store information about your use of the Service, such as your search activity, the pages you view, the date and time of your visit, and purchases you make through the Service. We also may store information that your computer or mobile device provides to us in connection with your use of the Service, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, phone number, unique device identifier, advertising identifier, location (including geolocation, beacon based location, and GPS location), and requested and referring URLs. You may be able to disallow our use of certain location data through your device or browser settings, for example by disabling “Location Services” for the NJS application in iOS privacy settings.

 

2. Cookies

We, and third parties with whom we partner, may use cookies, web beacons, tags, scripts, local shared objects such as HTML5 and Flash (sometimes called "flash cookies"), advertising identifiers (including mobile identifiers such as Apple’s IDFA or Google’s Advertising ID) and similar technology ("Cookies") in connection with your use of the Service, third party websites, and mobile applications. Cookies may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of the Service, such as your browser type, search preferences, IP address, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. Cookies may be persistent or stored only during an individual session.

 

The purposes for which we use Cookies in the Service include:

 

Preferences

Intended to remember information about how you prefer the Service to behave and look. For example, we use a Cookie that tells us whether you have declined to allow us to use your phone’s geolocation data.

 

Notifications

Intended to allow or prevent notices of information or options that we think could improve your use of the Service. For example, we use a Cookie that stops us from showing you the signup notification if you have already seen it.

 

Advertising

Intended to make advertising more relevant to users and more valuable to advertisers. For example, we may use Cookies to serve you interest-based ads, such as ads that are displayed to you based on your visits to other websites, or to tell us if you have recently clicked on an ad.

 

Analytics

Intended to help us understand how visitors use the Service. For example, we use a Cookie that tells us how our search suggestions correlate to your interactions with the search page.

 

 

 

Managing Cookies: It may be possible to disable some (but not all) Cookies through your device or browser settings, but doing so may affect the functionality of the Service. The method for disabling Cookies may vary by device and browser, but can usually be found in preferences or security settings. For example, iOS and Android devices each have settings which are designed to limit forms of ad tracking. For flash cookies, you can manage by changing your privacy settings. Please note that changing any of these settings does not prevent the display of all advertisements to you.

 

3. Third Parties

Third parties may receive information about you as follows:

• Advertisers: We may allow third parties to use Cookies through the Service to collect the same type of information for the same purposes as NJS does for itself. In doing so, NJS adheres to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. Third parties may be able to associate the information they collect with other information they have about you from other sources. We do not necessarily have access to or control over the Cookies they use, but you may be able to opt out of some of their practices by visiting the following links: Network Advertising Initiative, Omniture, Digital Advertising Alliance and PrivacyChoice. Please note that opting out does not prevent the display of all advertisements to you. Additionally, we may share non-personally identifiable information from or about you with third parties, such as location data, advertising identifiers, or a cryptographic hash of a common account identifier (such as an email address), to facilitate the display of targeted advertising. You may be able to limit our sharing of some of this information through your mobile device settings, as described in Section 2 above.

• Service Providers: We may rely on third party providers to support or provide some of the services that are available through the Service, such as reservations and food delivery. We may also rely on third party providers to perform certain services for us in connection with your use of the Service, such as communications and hosting services, network security, technical and customer support, tracking and reporting functions, quality assurance testing, payment processing, our own marketing of the Service, and other functions. We may share information from or about you with these third party providers so that they can perform their services or complete your requests. These third party providers may share information with us that they obtain from or about you in connection with providing their services or completing your requests. Third party providers may also share this information with their subsidiaries, joint ventures, or other companies under common control. Some of our web pages utilize framing techniques to serve content to you from our third party providers, while preserving the look and feel of the Service. In such cases, please note that the information you provide is being provided to the third party.

• Aggregate Information: We may share user information in the aggregate with third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements.

• Business Transfers: We may share information from or about you with our parent companies, subsidiaries, joint ventures, or other companies under common control, in which case we will require them to honor this Privacy Policy. If another company acquires NJS or all or substantially all of our assets, that company will possess the same information, and will assume the rights and obligations with respect to that information as described in this Privacy Policy.

• Businesses on NJS: We may share information from or about your business and your use of the Service (such as which businesses you bookmark or call) with businesses listed on NJS.

• Investigations: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure (a) is reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Service; or (c) protects our rights, reputation, property, or that of our users, affiliates, or the public, such as disclosures in connection with our Consumer Alerts program. If you flag or otherwise complain to NJS about content through the Service, we may share the substance of your complaint with the contributor of that content in order to provide an opportunity for the contributor to respond.

• Links: The Service may contain links to unaffiliated third party services. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on or applicable to all such third party services.

• Facebook and Twitter: If you sign up for NJS using your Facebook account or link your NJS account to your account with a third party service like Facebook or Twitter, we may receive information about you from such third party service. We may use this information to help you create your account on NJS and connect and share public content with your friends and followers. Please note that if you interact with Facebook, Twitter, or other third party icons through the Service, including "Like," "Share," or similar buttons, those companies may collect information about you, such as your device’s IP address. Your interactions with these and other third parties are governed by the third parties’ privacy policies.

 

4. Controlling Your Personal Data

Other users may be able to identify you, or associate you with your account, if you include personal information in the content you post publicly. You can reduce the risk of being personally identified by using the Service pseudonymously, though doing so could detract from the credibility of your contributions to the Service.

 

5. Data Retention and Account Termination

You can close your account by sending written notice to NotJustSpectators@gmail.com. We will remove your submissions from view, but we may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations. Please note that businesses cannot remove their business listings, ratings, or reviews by closing their accounts.

 

6. Security

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

 

7. Dispute Resolution

If you believe that NJS has not adhered to this Privacy Policy, you may contact us online by emailing us at NotJustSpectators@gmail.com or write to us at the following address:

Not Just Spectators, LLC.940 White Street SW

Atlanta, Georgia 30310United States of America

 

8. Modifications to This Privacy Policy

We may revise this Privacy Policy from time to time. The most current version of the Privacy Policy will govern our collection, use, and disclosure of information about you and will be located here. If we make material changes to this Privacy Policy, we will notify you by email or by posting a notice on the Service prior to the effective date of the changes. By continuing to access or use the Service after those changes become effective, you agree to the revised Privacy Policy.

 

9. California Residents: Your California Privacy Rights

NJS does not disclose your personal information to third parties for the purpose of directly marketing their services to you unless you first agree to such disclosure. If you have any questions regarding this policy, or would like to change your preferences, you may contact us at the address listed above in section 7.