Terms of Services (TOS)

Who we are

Welcome to nicolepyland.com (the “Site”), a website operated by Pyland Publishing, LLC (the “Company,” “us,” “we,” or “our”).

The following Terms of Services (“Terms”) apply when you use the Site in any mode (desktop, tablet, mobile, etc.) via any existing browser extension.

Please review these Terms carefully.  By accessing or using the Site, and/or by clicking “I agree” to these Terms, you show your consent to these Terms, and you hereby affirm we have the right to terminate your account with or without prior notice. If you don’t agree to these Terms, you may not access or use the Site.

Use of this Site or Service

You need to be at least 18 years old to use the Site or Service.

Company does not knowingly collect or store any personal information from or about children under the age of 18. If you believe a child under the age of 18 has under any circumstances provided us with personal information and data, a parent or legal guardian can contact us to request that their children’s information be deleted from our records.

Use Restrictions

Your permission to use the Site or Service is conditioned upon the following restrictions and conditions. You agree that you will not:

  • post or otherwise communicate any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the Site or Service for any unlawful purpose or for the promotion of illegal activities;
  • use another user’s account without permission;
  • provide false or inaccurate information when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Site or Service;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our website infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Site or Service or use any software, technology, or device to scrape, spider, or crawl the Site or Service or harvest or manipulate data; or
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

Users are solely responsible for the User Content that they make available via the Site or Service.  Users agree that the Company is only acting as a passive conduit for the distribution and publication of User Content.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Site or Service, you agree as follows:

  • you are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • you will not post information that is malicious, false, or inaccurate;
  • you will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content, or unless your use of the content is within the scope of fair use; and
  • you understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Site or Service is solely your responsibility.

The Company is not responsible for any public display or misuse of your User Content.  The Company does not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or technology we use, may monitor and/or record your interactions with the Site or Service.

Copyright and Intellectual Property

You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Site or Service (except for User Content), including applicable copyrights, trademarks, and other proprietary rights. You may not reverse-engineer the Site or Service. The Company reserves all rights that are not expressly granted to you under these Terms.

Indemnification

You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Site or Service in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Online Content Disclaimer

Opinions, advice, statements, offers, or other information or content made available through the Site or Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.

The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site or Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company.  The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Site or Service.  Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site or Service, or transmitted to users.

User consent to receive communication in electronic form

You hereby (a) consent to receive emails via the email address you have submitted when you sign up on the Site or Service (newsletter, etc.); and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.

The Company may also use your email address to send you marketing communications and other messages, including information about the Company and Site or Service or information regarding the provision of the Services, or letting you know about additional features and services we provide that may be of interest to you and special offers.

If you receive emails, newsletters, and/or marketing communications from us and no longer wish to receive them, please follow the removal instructions in the email or change your account settings. You can delete your Account Information by logging into your account and canceling your account or by contacting us and asking to delete your Account.  However, since your Account Information and Account History is required for us to provide User-Limited Services to you, deleting it will also terminate your access to the Services.

User Guidelines

We have a vast audience spread across many cultures, countries, and backgrounds with varying values. Our service is designed for informational and/or reading purposes, including to let users freely express any ideas and opinions without us censoring or endorsing them. That being said, there are a few categories of content and behavior that we don’t permit because we consider them harmful to the community.

To be transparent about what is and isn’t allowed on our website, we’ve put together this set of guidelines. The following activity/material isn’t allowed on nicolepyland.com:

Illegal content and conduct.

Self-explanatory.

Intellectual property infringement.

Materials (text, pictures, etc.) on this website may be subject to copyright protection. No part of these materials may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without written permission from the author. The creator of original material (text, images, etc) has copyright over that material.

Pornography.

Self-explanatory.

Gambling.

If you encourage the users of this website to gamble or post links to gambling sites, we consider this spam, and a breach of the user guidelines.

Technologically harmful content.

Don’t upload or link to malware, spyware, adware, or other malicious or destructive code.

Impersonation.

Don’t claim to be a person or organization you’re not.

Calls to violence.

Do not publish realistic calls to violence. By that we mean that you cannot post content which threatens, incites, or promotes violence, physical harm, or death. This includes threats targeting individuals or groups, as well as other indiscriminate acts of violence.

Posting private information.

Don’t share someone’s personal information without their consent. This includes collecting sensitive information in Contact Forms such as account passwords and credit card numbers, to name a few.

Advertising.

Advertising on the website isn’t permitted.

Spam or machine-generated content.

Referencing sites such as those primarily dedicated to drive traffic to third party sites, boost SEO, phish, spoof, or promote affiliate marketing is not permitted. We don’t want you to pollute the website, so we ask you to please avoid sending unwanted or unsolicited promotions or emails about your site.

Bear in mind that these are just guidelines — interpretations are solely up to us. These guidelines are not exhaustive and are subject to change.

Privacy Policy & Cookies

This privacy policy applies to nicolepyland.com (the “Site”), a website operated by Pyland Publishing, LLC (the “Company,” “us,” “we” or “our”).

This Privacy Policy explains how we collect and use your information and is part of our Terms of Services when you use our Site or Service.

Your Consent.

By using our Site or Service, you consent to our Privacy Policy. If you don’t agree, please don’t use our Site or Service.

Personal Data.

This website stores cookies on your computer. These cookies are used to collect information about how you interact with our website and allow us to remember you. We use both session-based and persistent cookies. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire. They are unique and allow us to do site analytics and customization, among other similar things. We use this information in order to improve and customize your browsing experience and for analytics and metrics about our visitors both on this website and other media.

When visitors leave comments on the website we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. All comments may be checked through an automated spam detection service.

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time. Website administrators can also see and edit that information.

When you log in, we will also set up several cookies to save your login information and your screen display choices. If you log out of your account, the login cookies will be removed.

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

This websites, its plugins, widgets, and/or analytics tools may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

We may link to other websites. When you click on one of these links, you are ‘clicking’ to another website. Company does not control the data collection or privacy practices of such third party sites. We encourage you to read the privacy policies of any third party sites, as their collection, use and storage practices and policies may differ from ours.

General Data Protection Regulation (GDPR).

Europe’s General Data Protection Regulation (aka GDPR) is a new and far-reaching privacy regulation. We are committed to operating in accordance with the GDPR. The GDPR gives EU individuals rights to their personal data. There are some exceptions/exemptions to the rights granted by the GDPR, but in general it includes rights to:

  • request access to the data we store about you
  • request updates/changes to your personal data
  • request the deletion of your personal data

Although GDPR is a law that only applies within the European Union, we are offering tools to manage your personal data to all of our users.

Additionally, you can expect that we as a company will work to protect the privacy of your personal data, will only collect the data when we have a reason to do so, and will delete your personal data once we no longer have a need for it.

How do I request access to my personal data? How do I request changes to it?

If you’d like to know what personal data we have stored about you, please contact us with your request. If upon reviewing that data you need to request changes to it, please let us know and we will work with you to make the necessary corrections.

How Do We Share Your Data.

We do not knowingly share, rent, or sell your Personal Data with third parties outside of our company without your consent, except in the following ways:

Law Enforcement and Internal Operations.

Personal Data may be provided where we are required to do so by law, or if we believe in good faith that it is reasonably necessary

(i) to respond to claims asserted against Company or to comply with the legal process (for example, discovery requests, subpoenas or warrants);

(ii) to enforce or administer our policies and agreements with users;

(iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes;

(iv) to protect the rights, property or safety of Company, its users or members of the general public.

We will use commercially reasonable efforts to notify users about law enforcement or court ordered requests for data unless otherwise prohibited by law. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to any third party request to compel disclosure of your information.

Do Not Track.

“Do Not Track” or DNT is a feature enabled on some browsers that sends a signal to request that a web application disable its tracking or cross-site user tracking. At present, our Site does not respond to or alter its practices when a DNT signal is received.

Changes to our Privacy Policy.

Company reserves the right to amend this Privacy Policy at any time without notice.

Last Updated: May 7, 2020