Privacy Policy

Effective Date: April 26, 2017

We are committed to respecting and protecting your privacy. Please take some time to read this Privacy Policy which will explain how your Personal Information (as defined below) will be collected through this website (http://cmbcollective.com/) (the “Site”) and used by CMB Collective.

If you visit the Site, your visit is subject to this Privacy Policy and you agree to the terms contained herein. Except as expressly provided here, this Privacy Policy does not apply to the practices of companies that we do not own or control or to people that we do not employ or manage. Any use of information that we gather and any dispute over privacy is subject to the Privacy Policy and our Terms of Service in effect at the time of use. Generation180 reserves the right to modify this Privacy Policy at any time. Because this Privacy Policy is updated periodically, you should check this website frequently and review the Effective Date to see any changes in our Privacy Policy. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Privacy Policy. The amended Privacy Policy supersedes all previous versions.

1. Data

We use technologies like cookies (small files stored by your browser), web beacons, or unique device identifiers to anonymously identify your computer or device so we can deliver a better experience. Our systems also log information like your browser, operating system and IP address (“Usage Data”).

We also may collect information that personally identifies you and/or allows us to contact you that you provide to us while using the Site, such as your name, address, phone number, email address, and location (“Personal Information”). We use personal information to:

to establish and manage business relations with you;
to provide services or information to you;
to communicate with you via email or phone;
for general research and aggregate reporting;
to offer products and services that may be of interest to you;
for customer service, security, to detect fraud or illegal activities, or and for archival and backup purposes in connection with the provision of the services;
to better understand how users access and use the Site, for the purposes of trying to improve the Site, diagnose problems, administer our Site and respond to user preferences; and
to enforce our Site Terms of Use or other applicable policies.

Our systems may associate Personal Information with your Usage Data (such as pages you view or things you click on or search for) in the course of providing services to you.

By using your device or web browser’s settings, or both, you may modify your cookie settings. Please note, when you disable cookies you may not be able to access certain parts of the Site or the Site may not work properly.

We do not knowingly contact or collect personal information from children under 13. If you believe we have inadvertently collected such information, please contact us so we can promptly obtain parental consent or remove the information.

2. Sharing of Data

We do not share your Personal Information with other companies for marketing purposes, and we do not allow advertising companies to collect data through our service for ad targeting. We may share your Personal Information and Usage Data with third parties, including employees, contractors, consultants and other parties who require the information to assist us in establishing, maintaining and managing our business relationship with you. We require our third party service providers to enter into contractual agreements, which require these third parties to comply with the same confidentiality standards as CMB Collective.

We disclose information we maintain when required to do so by law, for example, in response to a court order or subpoena or other legal obligations, in response to a law enforcement agency’s request, or in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with our rights or property.

Notwithstanding the foregoing, we may do research on our users’ demographics, interests and behaviors based on the information provided to us during your visit to the Platform. This research is compiled and analyzed on an aggregated basis, which is not personally identifiable.

3. Location

We collect information on your location through geo-tagged images that you may send to us. Geo-tagging is when your device (e.g. cell phone) uses GPS to attach a location to a photograph. We use the information embedded into the file of the image to determine the location of where the image was taken. If you do not wish your images to be geo-tagged, you may turn it off on your device.

4. Choices About Our Use of Your Personal Information

You can sign into your account to see any Personal Information we have stored and update any Personal Information that is inaccurate or out of date. You can also contact us by email to request to see this information. We may keep your data (including Personal Information) indefinitely.

5. Security

We use our best efforts to protect your personal information and, to that end, we use tools such as encryption, passwords, and physical security to protect your personal information against unauthorized access and disclosure. However, no website can be absolutely secure, and third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the Platform. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain absolutely private.

6. Notice to California Residents/Your California Privacy Rights

California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of Personal Information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2016 will receive information about 2015 sharing activities). As set forth in this Privacy Policy, we comply with this law by offering our visitors the ability to tell us not to share Personal Information with third parties for their direct marketing purposes. To make such a request, consistently exercise your opt-out choice whenever you provide Personal Information to us or send an e-mail to [email protected] You must include http://cmbcollective.com/ as the subject line, and your full name, e-mail address, and postal address in your message.

7. Other legal notices.

Any dispute over privacy is subject to this Privacy Policy and our Terms of Service, including limitations on damages and application of the laws of California.

8. Contact us

If you have any concern about your privacy in connection with this policy, please contact us by emailing [email protected] or calling (434) 422-4852 and we will try to answer your questions.

TERMS OF USE

CMB Collective, a program of Cylenna Magical Brilliance LLC. (“CMB Collective”, “we”, “us”, or “our”) own all right, title, and interest in and to the website located at http://cmbcollective.com/ (the “Website”), including any versions optimized for viewing on a wireless or tablet device, which is provided to you to provide you with promotional and informational materials related to solar energy and to enable you to submit information that we may use to raise awareness about the global transition to clean energy and innovations in the energy industry (the “Services”). We welcome you to use our Services and wish to inform you about some important points to consider while using the Services. We have established the following terms and conditions (the “Agreement”) between you and us (as the operator of the Website). All references to “you” or “your” refer to you and any entity on behalf of which you use the Services. This is a legal agreement between you and us that states the material terms and conditions that govern your use of the Services.

BY ACCESSING THE WEBSITE, USING THE SERVICES OR SUBMITTING USER CONTENT (AS DEFINED BELOW) TO THE WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE, ACCESS, OR SUBMIT CONTENT TO THE WEBSITE.
We may modify this Agreement at any time. All changes to the Agreement will be posted on this page and are effective as of the date they are posted. Accordingly, you should periodically visit this page to review the terms of this Agreement. Your use of the Services after a modification to this Agreement constitutes your acceptance of the terms of this Agreement, as modified.

You should also review our Privacy Policy at [http://cmbcollective.com/privacy-policy], the terms of which are incorporated herein by reference and made a part of this Agreement.

1. OWNERSHIP

CMB Collective owns all information, text, reports, data, databases, graphics, images, sound recordings, audio and visual clips, photographs, programs, applications, software, and other content (except User Content, defined below) contained in the Services, as well as the collection, design, selection and arrangement thereof (collectively, the CMB Collective Material). The names, marks, and logos appearing on the Services (collectively, the “Trademarks”) are owned by or licensed to CMB Collective and are used by CMB Collective with permission of the owner. The Trademarks and CMB Collective Material are protected by trademark, copyright, and other intellectual property laws. CMB Collective requires you to respect all intellectual property rights that we have or may have in and to the CMB Collective Material and in the Trademarks.

2. LICENSE

CMB Collective hereby grants you a limited, non-exclusive, revocable, non-transferable license to view and use the Services in accordance with the terms of this Agreement. You may view, print, or save copies of CMB Collective Material for your personal and noncommercial use, unless otherwise specified. This license is contingent upon your full compliance with the terms and conditions of this Agreement and any other terms and conditions applicable to you as a User. You agree to retain all proprietary notices on any copy you make of CMB Collective Material. This license does not give you any ownership or other intellectual property right, title or interest in any CMB Collective Material or the Trademarks.

Unless you have our express prior written consent, you may not reproduce, perform, publicly display, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any CMB Collective Material. Any reproduction, publication, distribution, assignment, sublicense, sale, or other uses of the CMB Collective Material for any purpose not expressly permitted by this Agreement without written permission from CMB Collective is strictly prohibited.

All rights not expressly granted to you under this Agreement are reserved by CMB Collective.

3. PERSONAL INFORMATION

You may be required to submit information such as your name, physical address, e-mail address, home and mobile telephone numbers, or birth date (“Personal Information”) to use the Services. Your Personal Information will be handled in accordance with our Privacy Policy [http://cmbcollective.com/privacy-policy].

4. ACCOUNT INFORMATION

You must create an account in order to use certain Services and view relevant information. You must provide certain Personal Information to register for an account and you must create a unique username and password that enables you to access your account. You agree not to disclose your account details, including your username and password, to anyone else and that you will be solely responsible for any activities or actions taken under your account, whether or not authorized by you. You agree that you will notify CMB Collective immediately of any unauthorized use of your account.

CMB Collective is not liable for any loss or damage from your failure to comply with these requirements. You agree that the information you provide CMB Collective will be true, accurate, current and complete at all times. By creating an account you consent to the use of electronic means to review and accept this Agreement and to provide you with any notices given pursuant to this Agreement or as required under applicable law. Failure to comply with the terms of this Agreement shall constitute a breach of this Agreement, which may result in immediate suspension or termination of your account.

5. USER CONTENT

You may submit content, ideas, suggestions, contributions, comments, videos, photographs, images, information, graphics, drawings, designs, or other similar materials (collectively, “User Content”) to CMB Collective via the Services. By uploading or submitting any User Content to CMB Collective, you represent and warrant that you are the original author, owner, or authorized licensee of such User Content and all rights thereto, and that you have the right to upload or submit the User Content. As a user of the Website, you are responsible for any User Content or communications you submit to the Website and are responsible for any consequences resulting from such User Content or communications. Therefore, you agree not to do any of the following: (i) transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to send it; (ii) send material that reveals trade secrets, unless you own them or have the permission of the owner to reveal them; or (iii) send any material that infringes on any intellectual property rights of others or on the privacy, publicity or any other rights of others. CMB Collective reserves the right and ability to delete or remove User Content.

By submitting User Content on the Website or through the Services, you hereby do and will automatically assign to us all rights, title and interest you may have or acquire in any User Content. To the extent you are not able to assign any right, title and interest you may have or acquire in any User Content, you hereby grant CMB Collective a non-exclusive, worldwide, perpetual, irrevocable, sublicensable, royalty-free right and license to use, reproduce, copy, adapt, modify, create derivative works, transmit, publish, display, and perform, the User Content to enable CMB Collective to provide the Services. CMB Collective reserves the right to refuse any User Content at any time in its sole discretion.
CMB Collective does not endorse any User Content or any opinion, recommendation or advice expressed therein.

CMB Collective expressly disclaims and any all liability in connection with User Content. CMB Collective does not review User Content for accuracy or credibility, and does not take any responsibility or assume any liability for any actions you may take as a result of viewing User Content on the Website.

6. COMMUNICATIONS WITH YOU

CMB Collective may communicate with you via email regarding your use of the Site or the CMB Collective Material or your submission of User Content. You agree to receive email communications CMB Collective or its designees that are necessary for the normal functioning of the Website or in connection with the Services and to promptly comply with any and all such email communications.

7. PERMITTED USES OF WEBSITE

The Website provides both general information concerning our business and services and provides rums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group. You agree to use the Website only to post, send and receive messages and content that are proper and related to the Services. As a condition of your use of the Website, you agree that you will not post, send, submit, publish, or transmit User Content in connection with this Website that:

is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to send it;
reveals trade secrets, unless you own them or have the permission of the owner to reveal them;
infringes on any intellectual property rights of others or on the privacy, publicity or other rights of others;
does not pertain directly to the Services;
alters, removes, or otherwise hinders the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Website or on any of the CMB Collective Materials;
advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
solicits funds, advertisers, or sponsors;
advocates illegal activity or discuss an intent to commit an illegal act;
is obscene, defamatory, invades privacy, threatening, harassing, abusive, hateful, racist, offensive, sexually-explicit or embarrassing or that otherwise violates any applicable law to another person or entity;
impersonates another person or entity or impersonate or misrepresent your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded
is false, inaccurate or misleading;
harvests or otherwise collects information about others, including e-mail, without their consent;
contains any virus, worm, malware or other potentially damaging programs or data;
amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this site; or
is inconsistent with any applicable laws and regulations.

You agree that disputes arising from an alleged violation of intellectual property rights may result in CMB Collective suffering irreparable harm and that, in the event of such a dispute, CMB Collective and/or its affiliates may obtain a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies and you hereby consent to CMB Collective obtaining any such relief without the requirement to post a bond or other security.

CMB Collective reserves the right to monitor use of the Website and investigate and take appropriate legal action against anyone who, in CMB Collective’s sole discretion, violates this Agreement, including without limitation, reporting such violations to law enforcement authorities. CMB Collective does not control or endorse the content, messages or information found in any User Content and, consequently, CMB Collective specifically disclaims any liability with respect to the User Content. Managers and hosts are not authorized CMB Collective spokespersons, and their views do not necessarily reflect those of CMB Collective.

8. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

CMB Collective is under no obligation to, and does not, scan third party content used in connection with the Services for the inclusion of illegal or impermissible content. However, CMB Collective respects the copyright interests of others and, as a policy, does not knowingly permit content that infringes another party’s copyright. It is CMB Collective’s intention to fully comply with the DMCA, including the notice and “take down” provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law.

If you believe any content on the Services infringe a copyright, you agree to provide CMB Collective with written notice that at a minimum contains:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CMB Collective to locate the material;
Information reasonably sufficient to permit CMB Collective to contact you, including your address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized your, your agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to CMB Collective’s designated agent as follows:

NY Office

4768 Broadway #617 New York, NY 10034

CO Office

381 W Valley Circle, Ste 2
Grand Junction, CO 81507, USA

phone: (434)422-4852
e-mail: [email protected]

9. TERMINATION

CMB Collective may at any time, in its sole discretion, terminate this Agreement by discontinuing operation of the Services. CMB Collective reserves the right to terminate you as a User and prevent you from accessing the Website at any time and for any reason, including but not limited to your violation of this Agreement or the law. The violation of any of the terms and conditions set forth in this Agreement may result in the immediate termination of your right and license to use the CMB Collective Material and obligates you to immediately destroy any copies of the CMB Collective Material in your possession.

10. DISCLAIMER OF WARRANTIES

THE SERVICES, THE WEBSITE AND THE CMB Collective MATERIAL ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GENERATION 180, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

You expressly agree that use of the Website is at your sole risk. Neither CMB Collective, nor any of its employees or agents or any of their officers, directors, employees or agents, warrant that use of the Website will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of the Website or relying on the CMB Collective Materials and Services, (ii) the accuracy, completeness, timeliness, legality, reliability or content of any information or service offered through the Website, (iii) any opinion, information, advice or statement expressed by CMB Collective on the Services, (iv) the quality of any products, services, information, or other material that you obtain from the Services will meet your expectations, (v) that the Services will operate uninterrupted and error-free, or (vi) the files available for downloading from the Website, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties.

11. LIMITATION OF LIABILITY:

YOUR USE OF THE SERVICES AND THE CMB Collective MATERIAL IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CMB Collective SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF DATA, LOST PROFITS OR ANY OTHER SIMILAR DAMAGES IN ANY WAY ARISING FROM OR RELATING TO YOUR RELIANCE UPON, OR YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE WEBSITE ORGENERATION 180 MATERIAL OR ANY USER CONTENT, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CMB Collective IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL CMB Collective OR ITS PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY NATURE, INCLUDING PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, RESULTING FROM YOUR USE OF THE SERVICES, THE WEBSITE OR CMB Collective MATERIAL OR FROM ANY USER CONTENT SUBMITTED VIA THE WEBSITE OR OTHERWISE IN CONNECTION WITH THE SERVICES. CMB Collective SHALL NOT BE RESPONSIBLE FOR ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE SERVICING OR REPLACING OF EQUIPMENT, RESULTING FROM YOUR USE OF THE WEBSITE OR THE SERVICES.

GENERATION 180 ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. CMB Collective IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM USE OF THE WEBSITE OR THE SERVICES.

All of the information in this Website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Website Owner does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless CMB Collective, its parent, subsidiaries and affiliates, and their respective officers, directors, employees, and agents from and against any action, claim, demand, damages, loss, costs or expenses (including but not limited to attorneys’ fees and court costs) arising out of: (i) your use of the, Website, the Services or the CMB Collective Material; (ii) your submission of User Content, (iii) any conduct by you that violates the terms of this Agreement; and (iv) your infringement of the intellectual property rights of third parties.

13. THIRD PARTY WEBSITES

The Services may contain links to third party websites. CMB Collective is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by CMB Collective. Inclusion of any linked third party website on the Services does not imply approval or endorsement by CMB Collective. When you access these third party websites, you do so at your own risk and become subject to the terms of use and privacy policies of those third party websites.

14. COMPLIANCE WITH LAWS

You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.

ADDITIONAL TERMS

Occasionally, CMB Collective may notify you of additional terms and conditions that you are required to accept in order to receive certain services offered on or through the Services (the “Additional Terms”), which will be posted in specific areas and require reading and acceptance. The Additional Terms are incorporated herein by reference and made a part of this Agreement.

GENERAL PROVISIONS

This Agreement is governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the courts in Charlottesville, Virginia, with respect to any dispute, disagreement, or cause of action related to the Services.

CMB Collective’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time.

CMB Collective may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of CMB Collective.

If any provision of this Agreement is held unlawful, void, or unenforceable for any reason, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Except as expressly provided elsewhere in respect of the Services, this Agreement constitutes the entire agreement between you and CMB Collective with respect to your use of the Services and the Website.