Privacy Policy

This User Information and Privacy Policy explains the use and protection of the information that you provide in connection with your activities on or related to mercurycommunicationsgroup.com (hereafter “MCG,” “us,” “we,” or “our”), including Internet protocol addresses, the domain you use to access the MCG website (“Website”), the version and type of browser or operating system you use, the web page you came from or visit next, your age and geographic location, average time spent on the Website, survey data, and site registrations (“User Information”).

By registering on this site, you expressly and voluntarily agree to the following terms, conditions and privacy policies.

Collection of User Information. You expressly consent to our collection, transfer, storage, use and disclosure of your User Information, inside and outside of our servers, to MCG and/or other third parties affiliated with MCG. We reserve the right to use your User Information for purposes of gathering marketing information and performing statistical analyses of Website user preferences and characteristics.

Use of User Information. You agree that we may use your User Information in the usual course of business, to provide a means for MCG to answer your questions, comments, letters, messages and/or requests, and advertise promotions or contests. You further authorize and give permission to the MCG associated with the Website to respond to your questions, comments, letters, messages and/or requests. We do not require users to register or provide information before entering our website. However, there are several places where visitors may choose to provide personally identifiable information about themselves.

Disclosure of User Information. You agree that MCG may disclose your User Information to enforce our policies, protect anyone’s rights, property or safety, respond to legal requests, and share such information with third parties as permitted by law, including marketing and merchandising affiliates.

Account Protection. Your username and password are the keys to your MCG account. Please use unique numbers, letters, and special characters and do not disclose your MCG password to anyone. If you share your password or User Information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your User Information. If your password has been compromised for any reason, you should immediately send written notice to rtimms@mercurycommunicationsgroup.com

Review of User Information. MCG provides you with the means to access and update, your User Information. We reserve the right to modify your User Information as needed to verify your identity.

Safeguards and Security. MCG shall store all User Information and protect such information by security safeguards appropriate to the sensitivity of such information. Despite these protections, you hereby acknowledge the risk and possibility that unauthorized third parties could illegally “hack” into, abuse and/or misuse your User Information. Accordingly, you release MCG and all related entities from any and all liability associated with third parties illegally accessing or misappropriating your User Information. We ask that you help protect your User Information by never giving out your password, logging off of your computer and/or closing your Internet browser when you finish visiting the Website or other web pages.

Other Sites and Advertisements. The Website may contain links to other web pages and services. While MCG tries to link only to other web pages and services that share our high standards and respect for privacy, you hereby agree that we are not responsible for the content of or the privacy practices employed by, other companies or websites.

Children’s Privacy. We take our responsibility to our younger users seriously. Children under the age of 13 and their parents should review the section of this policy called “A Word to Parents About Children’s Privacy” which discusses the special steps that we take for children who may visit our pages.

How We Collect Information. Below are some of the ways in which a visitor might provide information to us online and how we might use that information.

Domain Name Recognition. Our web servers automatically recognizes a visitor’s domain name, however, they do not recognize a visitor’s e-mail.
Use Of Cookies. Cookies and web beacons are small bits of information that a web site transfers to an individual’s computer for record keeping purposes. We use cookies in a variety of ways to create a more personalized online experience for the user. For example, cookies may be used to reduce the number of repeat questions provided, to ensure that a promotion is not entered more than the permitted number of times, or to monitor how effective our ads on third party sites are at bringing visitors to our web pages. The Website uses cookies to keep track of participation. These cookies contain non-personal information about you and no one but MCG can retrieve the cookies. The purpose for this cookie is to allow the system to recognize you as a return visitor. Personally identifiable information which may be obtained through cookies or web beacons is not sold, rented or provided to third parties and is not used internally by MCG for any purpose other than our internal records and to enhance your experience on our web site.

Intellectual Property. You acknowledge and agree that the Website and any software used in connection with the Website (“Software”) contain proprietary and confidential information that is protected by intellectual property and other laws. Except as expressly authorized by MCG, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or Software, in whole or in part. MCG grants you a personal, non-transferable and non-exclusive right and license to use the object code of the Software on a single computer; provided that you or third-parties do not copy, modify, create a derivative work from, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. You agree not to access the Software by any means other than provided through MCG. The name MCG and domain www.MCG.com are forms of intellectual property owned by MCG. You agree to not reproduce or use such property without our express authorization.

Disclaimer of Warranties. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. MCG AND ITS RELATED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MCG AND ITS RELATED ENTITIES MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE WEBSITE OR ITS OPERATIONS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MCG AND ITS RELATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MCG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.

A Word To Parents About Children’s Privacy

This User Information and Privacy Policy applies to children as well as adults. There are some extra precautions that we take, however, with respect to collecting information from children under the age of 13. All subscribers will be requested to provide their age. We do not knowingly collect personally identifiable information from children under 13 online without first obtaining permission from a child’s parent or guardian. When children under 13 years of age attempt to subscribe to the MCG website, we send their parent or guardian an e-mail to get their permission to collect the child’s personally identifiable information as part of their registration. If we do not receive permission within 14 days, we will delete the request and the child will not be able to complete his or her registration or enter any promotions online.

Once a parent or guardian gives permission for its child to register, the parent will be asked to complete the child’s mailing information on behalf of the child. When complete, the child will be able to subscribe to the website without any further requests of consent to the parent; however, the parent will be notified when the child enters any additional information. Should the child’s personally identifiable information require updating, the parent would be required to make any and all updates to its child’s online registration information on behalf of the child.

We do not require a child to provide more personally identifiable information than is reasonably necessary to participate in an activity. (You may wish to be aware that, according to the FTC, website operators are not permitted to collect more information than is needed for a child to participate in an on-line activity.) Our website does not offer activities that allow your child to disclose his or her personal information publicly (for example through chat rooms or message boards). We do not share your child’s personally identifiable information with third parties.

If you would like to review personally identifiable information about your child that we have on file, or request that certain information be changed or deleted, please contact: rtimms@mercurycommunicationsgroup.com

NOTICE: Visit www.ftc.gov/kidzprivacyfor information from the Federal Trade Commission about protecting children's privacy online.

How You Can Access Or Correct Your Information

If it has not already automatically been deleted as explained above, you may review your or your child’s personally identifiable information, have it deleted and withdraw permission for its continued use by MCG by contacting us via any of the means listed above. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

Indemnity. You agree to indemnify and hold us and our related entities, employees, officers, directors, agents, partners and affiliates harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from any questions, comments, letters, messages or requests you submit, post, transmit or otherwise make available through the Website, breach of the representations and warranties above, use of the Website, violation of the terms of this policy, or your violation of any rights of another.

Updates. MCG reserves the right to update this policy. We will notify you of significant changes in the way we treat User Information by sending notice to the primary email address specified in your user account or by placing a prominent notice on the Website. At all times, the terms and conditions of our User Information policy, shall appear at www.mercurycommunicationsgroup.com/user-information-policy.php. If you do not agree to the terms and conditions above, you should not register with MCG and/or “opt-out” of this policy by sending written notice to rtimms@mercurycommunicationsgroup.com.

Choice of Law and Forum. You agree that the laws of the State of New York shall govern this policy. You further agree that all differences between you and us related to this policy shall first be submitted to mediation. In the event litigation is necessary thereafter, the applicable State and Federal Courts of New York shall have full and exclusive jurisdiction over all disputes. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this policy shall be filed within one (1) year after such claim or cause of action arose or be forever barred.