Privacy Policy

TheRackUp.com (hereafter, “us,” “we”, “our” or the “Website”), is committed to protecting your privacy. This Website Privacy Policy (“Privacy Policy”) is provided in order to ensure the confidence of users and of visitors to (hereafter, “you” or “your”) this Website (defined below).

This Privacy Policy governs the use and collection of information from you by TheRackUp.com through your use of this site and our online services. This Privacy Policy does not apply to any other information you may provide us through other means (e.g., via mail, via telephone or at a live event).

TheRackUp.com reserves the right to add, change, update, or modify this Privacy Policy at any time and without notice by posting such addition, change, update, or modification on the Website. Any such addition, change, update or modification will be effective immediately upon posting on the Website. Please check this page periodically for changes. Information collected prior to the time any change is posted will be used according to the rules and policies that are applied at the time the information was collected.

Information Collected

Traffic Data Collected: Like most web sites, our servers automatically track and collect some or all of the following information when you visit our Website, including: (i) your IP address, (ii) your domain server, (iii) the URL being requested, (iv) the referring URL, (v) your type of computer, (vi) the browser type and operating system used to make the request, (vii) the date and time of the request, and (viii) source of any link (collectively, “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Website. Our Website uses Traffic Data to help diagnose potential problems with our servers, to administer our Website and to report and collect aggregate non-personal information. We do not associate Traffic Data with records containing personal information and cannot use Traffic Data to retrieve personal information from your computer.

Cookies: Our Website uses cookies to track individual site usage. A cookie is a small amount of data that is sent to your internet browser from a web server and stored on your computer’s hard drive. Cookies are used to help target ads on the site based on user behavior and cookies also remember deliberate action taken by the user on our Website, such as logging into services. For example, our Website uses cookies to ensure that you don’t see the same ad repeatedly. You, through your browser preferences if your browser so permits, are free to decline our cookies, but in doing so may be excluded from some of our Websites’ features. We therefore recommend, in order to maximize your user experience in regard to our Websites, products and services, that you leave your browser preferences set to accept cookies.

Personal Information Collected: Our Website may require registration for the use of certain features, products or services, and such registration forms request that you provide us with information that personally identifies you (“Personal Information”). Personal Information we request includes some or all of the following: (i) your name, (ii) address, (iii) home telephone number, (iv) employer’s name, (v) work telephone number, (vi) e-mail address, (vii) demographic information, and (viii) any other Personal Information that you may voluntarily provide to us but are not required to. We also provide you with the opportunity to advise you of site and newsletter preferences. If you communicate with us by email or complete online forms, any Personal Information provided in such communication may be collected by us.
Sharing of Personal Information
We do not share Personal Information with advertisers or any other third parties, except in the following limited circumstances:

Consent: In the event and to the extent we have your consent. In such cases, we will provide opt-in consent for the sharing of any sensitive personal information.

Affiliated or Trusted Persons: We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures. We occasionally utilize trusted third parties to perform certain functions on our behalf. These authorized third parties may be given access to Personal Information in order to perform their designated function but are contractually bound to maintain the confidentiality and security of the Personal Information. Furthermore, such third parties are restricted from using or in any way altering data other than in accordance with their expressed contractual function.

Giveaways, Contests and Coupons: We may share data collected through Giveaways, Contents and Coupons with our divisions, subsidiaries and affiliated companies. This will only apply to users who choose to participate in such Giveaways, Contests and Coupons.

Enforcement or Protection: We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce our Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of us, our users or the public as required or permitted by law.

Mergers and Acquisition: If we become involved in a merger, acquisition, or any form of sale of some or all of its assets, we will provide notice before personal information is transferred and becomes subject to a different privacy policy.

Uses of Information Collected

Generally: We use your Personal Information to send you information about our company or our products or services, to respond to any inquiries you may make with us, or to contact you when necessary. We use your Traffic Data in order to assess future changes to our Website in order to enhance your experience on the Website. In the event you receive e-mail from us, you choose to opt out of receiving future mailing at any time by following the links provided therein.

Giveaways, Contests and Surveys: If you sign up to become eligible for a giveaway, contest or take part in an online survey on our Website, we will ask for some Personal Information as it pertains to said feature or service. In such case, your Personal Information (a) will be used for the expressed purpose of that giveaway, contest or survey, including, for example, the notification of contest winners, (b) may be shared between our divisions in connection with that giveaway, contest or survey, and (c) may be shared with, and only with, the sponsor of said giveaway, contest or survey, except that if the giveaway, contest or survey has its own terms, and those terms conflict with the terms of this Privacy Policy, the terms of the giveaway, contest or survey shall govern the use of the Personal Information collected.

Email Inquiries/Submissions: If you send feedback/inquiry to our Website via an email message and include a valid email address, we may reply to the user. The reply will be used to provide the user with additional information, answer a user question or direct the user to another source for information. Personal Information sent to any of our divisions will be kept confidential in accordance with this Privacy Policy and may be used in aggregate to help guide policy decisions at any or all of our divisions. However, we will freely use, and cannot guarantee the confidentiality of, any information that does not constitute Personal Information.

User Choice Regarding Personal Information

You may choose not to provide us with any Personal Information. In the event you do not provide your Personal Information, while you can still access and use a substantial portion of the Website, you will not have access to certain portions of the Website, or to certain portions of our products or services. In addition, we will not be able to respond to any inquiry you may have. If you do not wish to receive information and promotional material from us, you may select the appropriate “opt-out” option each time we ask you for Personal Information.

Message Boards, Blogs, and Social Pages

Please understand that any information you share or post on the internet or otherwise public area, such as a message board, social page, or blog, becomes public and therefore is not governed by this Privacy Policy. This Privacy Policy does not apply to any information, postings, message or comments that you choose to make public and therefore we will not be responsible for any misuse of that information. We recommend that you do not post personal information on any message boards, blogs or comment space, including letters to us or any of our divisions, that you intend to keep private.

Advertisers

You will note the presence of third party advertisers on our Website. In addition, from time to time these advertisers may post their own giveaways, contests and surveys or requests for registration. If you respond, in any way, to an advertiser tile, banner, contest, giveaway, survey or link on our Website, this Privacy Policy not apply and you will then be subject to the privacy policy, terms, conditions and copyright policies of the advertiser’s website and governing policies, divisions or bodies. For example, we do not control how third party advertisers use cookies that originate from their own websites even if linked from our Website.

We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this Website and other websites in order to provide advertisements about goods and services of interest to you.

ContactIf you have any questions about this Privacy Policy, the practices of our Website or your dealings with our Website, please contact us at [email protected]

Copyright Information
All images on TheRackUp.com are readily available in various places on the Internet and believed to be in public domain. Images posted are believed to be posted within our rights according to the U.S. Copyright Fair Use Act (title 17, U.S. Code.)
If you believe that any content appearing on TheRackUp.com infringes on your copyright, please let us know. E-Mail contact[at]therackup[dot]com
following information to us and the infringing material will be removed as soon as possible.
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf
Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

The Rack Up has the right to edit and/or alter any submission. The Rack Up reserves the right not to use the submission at all and/or to use as much or as little of the submission as it chooses.

Terms of Submitting photos:

By submitting your videos/photos, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you hereby grant to The Rack Up non-exclusive, perpetual, worldwide license to edit, telecast, rerun, reproduce, use, syndicate, license, print, distribute and otherwise exploit the materials you submit, or any portion thereof, as incorporated in any of The Rack Ups programming or the promotion thereof, in any manner and in any medium or forum, whether now known or hereafter devised, without making payment to you or any third party. You represent and warrant to The Rack Up that you have the full legal right, power and authority to grant to The Rack Up the license provided for herein, that you own or control the complete exhibition and other rights to the materials you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity. You agree to indemnify, defend and hold harmless The Rack Up, its parent and affiliated companies, its and their licensees, successors and assigns, and each of its and their officers, agents and employees from all liabilities or losses, including, without limitation, reasonable attorneys’ fees, arising out of or related The Rack Up’s exercise of the rights granted herein. This license shall be governed by the laws of the State of New Jersey.