Modulates uses this website to operate an affiliate marketing service over the World Wide Web (the "Web").
Although some areas of this website may be viewed by members of the public, not all visitors to this website are users or members of the Modulates network. The Modulates Affiliate Service is available for use only by persons or entities that join the network as "Publishers."
Publishers must be legal adults (of legal age to be legally able to enter into contracts in the jurisdiction in which they reside), corporations or other legal entities. Only persons or entities who apply for membership and are accepted by Modulates are Publisher.
We do not gather information about or from visitors to or users of this website solely as a result of such visits or usage, other than from (i) persons or entities whom we allow to join a network as a Publisher and (ii) persons or entities whom we allow to join a network as an Advertiser.
Members of Modulates or related networks include publishers and advertisers involved in advertising transactions. Member information collected includes personally identifiable information that is necessary to conduct business, such as name, phone number, email address, social security number, and/or tax ID number. Payments made to and from Modulates require the provision of and certain collection of personally identifiable information, which may include bank account information and credit card numbers. All information is collected, modified, and stored in a password protected environment. This information is used for the purposes of service, media delivery, contact, billing and accounts payable. We will not sell, share, or rent this information to non-Modulates related entities and affiliates, unless and except as provided for herein. All information collection is explicit, voluntary, and manually entered by the Publisher, Affiliate, Member or its agent.
a. Identifiers and Cookies.
A cookie is a small piece of information that is stored on a computer for the purpose of identifying that browser during interaction on websites. Cookies may be used to store items such as identifiers and user preferences. A website may set a cookie to the browser if the browser's preferences allow it. A browser only permits a website to access the cookies it has set, not those set by other websites.
When a consumer responds to or views an Internet advertisement served by Modulates (such as through third-party Web sites or email solicitation) or visits the Modulates site, a Cookie and/or gif file is sent to assign an anonymous, unique identifier to the end user's Internet browser.
Access your information when you sign in so we can provide you with customized content.
Keep track of preferences you specify while you are using Modulates.
Control the delivery of a series of advertisements to a web browser, and to limit the number of times a web browser receives any one advertisement. We also may use Internet browsing and online purchase data associated with an anonymous identifier to develop a predictive statistical user profile of the end user's needs and interests.
Optimize and personalize your experience and allow Modulates to monitor log-ins and site traffic patterns. We record the IP address of members at each login, and this information is part of a secure database and is password protected.
We reserve the right to retain all ad delivery and reporting data as long as Modulates finds it is reasonably necessary for accounting and audit purposes.
b. Affiliate Websites and Limitation on Liability.
c. No Information Collected from Children.
Modulates will never knowingly collect any personal information about children under the age of 13. If Modulates obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from our database. Because it does not collect such information, Modulates has no such information to use or to disclose to third parties. Modulates has designed this policy in order to comply with the Children’s Online Privacy Protection Act (“COPPA”).
We believe it is important to provide added protection for children online. We encourage parents and guardians to spend time online with their children to participate in and monitor their online activity. If a parent or guardian believes that Modulates has in its database the personally-identifiable information of a child under the age of 13, please contact http://www.modulates.com/contact-us and we will use our best efforts to remove the information from our records.
You agree that all content, comments, suggestions, ideas, complaints and other feedback relating to the Modulates Service or Your Product that you disclose to us or post on the Modulates Service or our network, may be used by us and our licensors, suppliers and licensees in any manner whatsoever, for any compensation and without limitation of any kind ("Submissions"). Notwithstanding the foregoing, we shall not be obligated to take action based upon any Submission provided by you.
Certain areas of the Modulates Service may allow you to post Submissions that can be accessed and viewed by others, including the public in general. You may only post Submissions to public areas on the Modulates Service that you created or that you have permission to post. In addition to all other restrictions set forth in this Agreement, you shall not post or transmit through the Modulates Service any Submission, or otherwise engage in any conduct that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or
- impersonates any person, business or entity, including Modulates and its employees and agents.
You understand and agree that by posting a Submission in any public area on the Modulates Service, you also grant any third party permission to use and incorporate your ideas or comments without compensation or approval by you.
Each Party acknowledges that Confidential Information (defined below) may be disclosed to the other Party during the course of this Agreement. The Receiving Party agrees that it will take reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, during the term of this Agreement, and for a period of three (3) years following expiration or termination of this Agreement, to prevent the disclosure of the Disclosing Party’s Confidential Information, other than to its employees, affiliates, subsidiaries or other agents who must have access to such Confidential Information for the Recipient Party to perform its obligations or exercise its rights hereunder, who will each agree to comply with this section. As used herein, “Confidential Information” shall mean any information relating to or disclosed in the course of the Agreement, which is, or should be reasonably understood to be, confidential or proprietary to the Receiving Party, including, but not limited to, the material terms of this Agreement, sales, cost and other unpublished financial information, product and business plans, projections and marketing data. “Confidential Information” means all information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”), whether in writing, orally, or in any other form, that is identified as confidential or proprietary or that, due to the nature of information or circumstances surrounding disclosure, should be treated as confidential or proprietary, including but not limited to software code, APIs, and technical documentation. “Confidential Information” shall not include information (a) already lawfully known to or independently developed by the Receiving Party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party.
You agree that we are not liable for content that is provided by others on the Modulates Service. We have no duty to pre-screen content, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material.