Terms and Conditions
These Terms and Conditions of Use together with our Privacy and Cookie Policy (the “Terms”) are provided so that you, the user, can know what is expected from, we, the website provider, Levitate Foundry LLC, its affiliates and subsidiaries (collectively, “Company”) and what we expect from you. Please read these Terms carefully before using this website (for the purposes of these Terms, this website and any successor or affiliated websites, and any software or applications provided by or for use with such websites are hereinafter collectively referred to as the “Website”). These Terms govern your use of this Website.
Scope of Use
This Website is for your personal, non-commercial use only. This access may be controlled through the use of identifiable information, such as your IP address and web history. Our Privacy Policy, Cookie Policy and information about how we collect, use and store this identifiable information is located below.
Intellectual Property
All intellectual property and database rights to the Website and in the materials published on it, including but not limited to all content, names, taglines, trademarks, logos, trade dress, brand identities, graphics, artwork, designs, images, audio and visual materials, text, software, and data (“Materials”) are owned by Company, our subsidiaries, affiliates, and/or any of our partners. These Materials are protected by intellectual property laws around the world. All rights are reserved to their respective owners and you may not reproduce, display, post on any other website, modify, distribute, perform, reuse, broadcast, or otherwise transmit any portion of this Website without our, the Company’s, written consent. Except as provided in these Terms, the use of this Website does not grant you any rights, title, interest or license to any Materials you may access on this Site. Unless otherwise specifically authorized by the Company (by way of example only, explicit instructions such as “Click Here to Enlarge this Image”) you may not modify the paper or digital copies of any Materials you have downloaded in any way. All copying (whether in electronic, hard copy or other format), reproduction, transmission, public performance, distribution, commercial exploitation, adaptation, translation, modification, bundling, merging, sharing or making available to any person, or creation of any derivative works of the Website or the Materials is prohibited and may breach intellectual property laws and other laws worldwide.
Use of Interactive Areas
This Website may from time to time contain interactive areas including interactive advertising and promotion areas, discussion forums, bulletin boards, review services or other forums in which you or third-parties may post content, messages, reviews or other materials on the Website (“Interactive Areas”). You are solely responsible for your use of the Interactive Areas and use them at your own risk. By using any of the Interactive Areas, you agree to the following Content Standards by agreeing not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
Unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, invasive of privacy or publicity rights, abusive inflammatory, fraudulent or otherwise objectionable content by way of message, data, information, text, music, sound, photos, graphics, code or other materials;
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Content that may encourage, condone, promote or glamorize under-age, excessive or irresponsible consumption of alcoholic beverages or driving under the influence;
- Any content that could encourage or provide instructions for a criminal offense, violate the rights of any party or entity, or would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Promotion entries or content that is known or suspected to be fraudulent or otherwise violates these Terms;
- Except where a third-party has expressly consented to use, any private information of said third-party, including without limitation, addresses, phone numbers, credit card numbers, and e-mail addresses;
- Content that impersonates any person or entity or otherwise misrepresents an affiliation with any person or entity;
- Content that gives the impression it originates from Company or any of its affiliates, employees, or partners;
- Viruses, corrupted data or other harmful, disruptive or destructive file; or
- Any content, that in the sole judgment of Company, is deemed to be objectionable or which restricts or inhibits any other person from using the Interactive Areas or the Website.
We do not tolerate spam. In your use of the Website, you must comply with all applicable laws, including laws that apply in any jurisdiction to spam and marketing practices and with any applicable marketing association guidelines on ethical marketing practices. Any violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website.
Any material you upload to our Website will be considered non-confidential and non-proprietary, and unless otherwise agreed in writing between us, we have the right to use, copy, distribute and disclose to third parties any such material in whole or in part for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. You waive any moral rights in respect of any material you upload to our Site.
We have the right to remove any material or posting you make on our Site if, in our sole opinion, such material does not comply with the Content Standards above.
Restrictions on Use of the Website
In addition to other restrictions set forth in these Terms, you agree that:
You shall not use the Website in any way that breaches any applicable local, national or international law or regulation.- You shall not disguise the origin of information transmitted through the Website or place false or misleading information on the Website.
- You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by Company.
- You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or information.
- Certain areas of the Website may be restricted to customers of Company.
- You may not send, knowingly receive, upload, download, use or re-use any content which does not comply with our Interactive Areas restrictions above.
- You may not use or access the Website in any way that, in Company’s judgment, adversely affects the performance or function of the Website or interferes with the ability of authorized parties to access the Website.
- You will use the Website for lawful purposes only and will not submit or transmit through the Website any material or engage in conduct that (i) violates or infringes the rights of others, including, without limitation, rights in intellectual property such as trademarks, copyrights, patents and trade secrets, (ii) is unlawful, threatening, abusive, profane, explicit, harassing, defamatory, fraudulent, constitutes an invasion of privacy or contains explicit, graphic, obscene or pornographic materials; or which otherwise violates any law, rule, regulation or the rights of a third party, (iii) impersonates any person, including Company and its employees, principals, agents, consultants or affiliates or allows you or a third party unlawful access to a third party’s computer or network, (iv) is harmful or attempting to harm minors in any way, or (v) violates these Terms, the Privacy Policy, the Cookie Policy or any other policy of Company.
How We Use Collected Information
Levitate Foundry may collect and use Users personal information for the following purposes:
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To run and operate our Site we may need your information to display content on the Site correctly.
- To improve customer service, information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience, we may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To run a promotion, contest, survey or other Site feature.
- To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails for account and/or marketing purposes.
- To respond to inquiries, questions, and/or other requests.
We may identify you from your Personal Data and merge or co-mingle Personal Data and Non-Personal Data, for any lawful business purpose. Except as otherwise stated, we may use information we collect from you for the legitimate business purpose of providing our Services to you, including, but not limited:
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to respond to your requests and provide user support;
- to evaluate and improve the content of our Services;
- to customize the Services to your preferences;
- to establish accounts to use the Services;
- to communicate information and promotional materials to you (where you have not expressed a preference otherwise);
- to check on your account status and maintain record of activities in connection with your use of the Site;
- to notify you of any changes to relevant agreements or policies;
- to enforce our agreements, terms, conditions, and policies;
- to work with our service providers who perform certain business functions or services on our behalf and who are bound by contractual obligations consistent with this Privacy Policy;
- to prevent or investigate fraud (or for risk management purposes), or to comply with a legal obligation, court order, or in order to exercise our legal claims or to defend against legal claims;
- to comply with a legal obligation, a court order, or in order to exercise our legal claims, or to defend against legal claims;
- to describe our Services to current and prospective business partners and to other third parties for other lawful purposes; and for other purposes identified to you and as requested by you.
If you have agreed to our Terms of Use, or other terms of service, we may also use your information:
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to establish your account to use the Services;
- to charge your credit card or bank account for Services;
- to validate your username, email, password, and/or other login credentials;
- to respond to your requests;
- to fulfill your purchase(s);
- to send you email and postal mail supplying you with the most recent service information or to send you information;
- to notify you of any changes to relevant agreements or policies; and
to process your Non-Personal Data as outlined as described throughout this Privacy Policy.
Your Choices, Access, and Rights to Personal Data
You may change, edit, update, or delete the information that you provided when you provide this information. You may also request the deletion of this information by sending an email to hi@levitatefoundry.com
As a Data Subject, you have the right to request access to your Personal Data as it exists in our records by emailing us at hi@levitatefoundry.com. You also have the right to rectify, correct, or amend your Personal Data if it is inaccurate or incomplete. You may also have the ‘right to erasure’ of your Personal Data; however, this is not always possible due to legal requirements and exceptions may apply. A Data Subject may have the right to object to the processing of his or her Personal Data, for example, due to his or her particular situation, for direct marketing uses, or for scientific or historical research. In certain circumstances, Data Subjects may have the right to obtain a restriction on our processing of their Personal Data, in which case such Personal Data will, with the exception of storage, only be processed with the Data Subject’s consent or in circumstances such as our exercise or defense of legal claims or the protection of another person. Data Subjects may also have the right to request that we provide data portability for their Personal Data via a copy of the data in a commonly-used format and/or transfer their Personal Data directly to another data controller (where technically feasible). Exceptions to these rights may apply, for example, if the processing is necessary for a task carried out in the public interest. Finally, if a Data Subject has given his or her consent to our processing of his or her Personal Data for certain purposes, he or she has the right to withdraw consent to such use at any time by contacting us via the contact information below.
Data Retention
We retain the Personal Information we collect where we have an ongoing legitimate business need to do so (for example to comply with applicable legal, tax or accounting requirements). This means that we retain different categories of data for different periods of time depending on the category of user to whom the data relates, the type of data, and the purposes for which we collected the data. When we have no ongoing legitimate business need to process your Personal Information, we will either delete or aggregate it. At any time, users may request deletion of their account data immediately by sending an email to hi@levitatefoundry.com. When we delete your account, it cannot be recovered.
Sharing Your Personal Information
We do not sell or rent Personal Data to marketers or unaffiliated third parties. We do have relationships with trusted third parties, but we will not share any Personal Data that we have collected from or regarding you except as described below:
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Corporate affiliates, including corporate parents, subsidiaries, other affiliated entities, and associated entities for the purposes described in this Policy which are required to treat the information in accordance with this Privacy Policy;
- Service providers that help us administer and provide the Services (for example, a web hosting company whose services we use to host our platform). These third-party service providers have access to your Personal Data only for the purpose of performing services on our behalf. We have entered into contractual relationships with these service providers and require them to comply with all applicable data privacy laws and regulations and to use the Data only for the purposes for which it was disclosed.
- We require that any third-party service provider limit their use of your Data solely to providing services to us and that they maintain the confidentiality, security, and integrity of your Data and not make unauthorized use or disclosure of the Data;
- Authorized third parties, who are parties directly authorized by you to receive the applicable Data. The use of your Data by an authorized third party is subject to that third party’s privacy policy;
- Third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), in which case we will require the recipient to use such information in accordance with this Privacy Policy;
- As we believe necessary: (i) under applicable law; (ii) to enforce applicable terms and conditions; (iii) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; (iv) to detect, prevent, or otherwise address fraud, security or technical issues; (v) to respond to claims that contact information (e.g. name, email address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment and (vi) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence;
- Pursuant to your explicit approval prior to the disclosure.
Web Browser Cookies, Pixels, and Other Tracking
Our Site may use “Cookies” to enhance User experience. A User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs. A User may choose to set their web browser to refuse cookies, or to be alerted when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
We, our partners, our advertisers, and third-party advertising networks use various technologies to collect information, including but not limited to cookies, pixels, scripts, and device identifiers. Cookies are small text files that are sent by your computer when you access our services through a browser. We, our partners, our advertisers, and third-party advertising networks may use session cookies (which expire when you close your browser), persistent cookies (which only expire when you choose to clear them from your browser), pixels, scripts, and other identifiers to collect information from your browser or device that helps us do things such as understand how you use our services and other services; personalize your experience; measure, manage, and display advertising on the Services or on other services; understand your usage of the Services and other services in order to serve customized ads; and remember that you are logged into the Services. Our partners, advertisers, and third-party advertising networks may use these technologies to collect information about your online activity over time and across different websites or online services. By using your browser settings, you may block cookies or adjust settings for notifications when a cookie is set. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
Your browser can alert you when cookies are placed on your device, and how you can stop or disable them via your browser settings. Please note, however, that without cookies all of the features of our online services may not work properly. If you use a mobile device, you can manage how your device and browser share certain device data by changing the privacy and security settings on your mobile device. You can learn more about cookies and how to manage your preferences by visiting https://www.allaboutcookies.org.
For further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, you can also visit https://youradchoices.com and https://www.youronlinechoices.eu for EU visitors.
Third-Party Analytics Services
We use other companies as service providers to help us analyze our site, track metrics, and advertise to you. These service providers generally promised us under contract to keep data private but have their own privacy policies that you should be aware of.
We may use third-party analytics service providers to help us with our online services, such as Google Analytics, Intuit, Salesforce, and Twitter. The analytics providers that administer these services use technologies such as cookies, web beacons, and web server logs to help us analyze how you use our online services. We may disclose your site-use information (including IP address) to these analytics providers, and other service providers who use the information to help us figure out how you and others use our online services:
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To learn more about how Google Analytics uses your data, please visit https://policies.google.com/technologies/partner-sites?hl=en-US.
- To learn more about how YouTube uses your data, please visit https://policies.google.com/technologies/cookies?hl=en-US.
- To learn more about how Facebook uses your data, please visit https://www.facebook.com/about/basics/manage-your-privacy.
- To learn more about how Instagram uses your data, please visit https://help.instagram.com/1896641480634370.
- To learn more about how TikTok uses your data, please visit https://www.tiktok.com/legal/cookie-policy?lang=en.
- To learn more about how Twitter uses your data, please visit https://twitter.com/en/privacy.
- To learn more about how Vimeo uses your data, please visit https://vimeo.com/cookie_policy.
We leverage advertising and site pixel tracking to inform advertising optimizations and to collect anonymous usage and/or site engagement data:
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To opt out of advertising, please visit the following:
- YourAdChoices (https://optout.aboutads.info)
- To opt out of the Hyphen site metrics, please visit the following: