Terms of use and privacy policies
Prologue: Acceptance of Terms
Hourglass (Omni)Media, LLC (referred to as “Company,” “us” or “we”), provides the http://hourglassmedia.company website (the “Site”) subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between us and you.
We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site after such modifications will constitute acknowledgement and acceptance of the modified Terms.
As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents available on this Site.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS.
Site Availability and Use
Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control.
Site Conduct, Posting Policies and Third-Party Websites
User-Created Content Guidelines: Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments, reviews or posts you leave on the Site, including inquiries and comments sent directly to Company. By posting information on the Site, or by otherwise using any communications service or other interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that:
is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iii. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;
vii. impersonates any person or entity, including any of our employees or representatives.
Promotions. From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion
II. Warranties
Our Site are provided as is and as available, without warranty of any kind. We expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to:
Any warranties as to the availability, accuracy, completeness, currentness or reliability of the content available through the service, or the service itself.
Any warranties that the service will be uninterrupted, timely, secure or error free, or that software defects will be corrected.
Warranties of merchantability, fitness for a particular purpose or non-infringement.
You acknowledge and agree that any material and/or data downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk, and that you will be solely responsible for any damages to your computer system or loss of data that result from the download of such material and/or data.
III. Hourglass Media Intellectual Property
All copyright, trademarks and other intellectual property rights (registered and unregistered) in and on www.hourglassmedia.company, www.kaylinstaten.com and all content (including any logos, social media posts, graphics, photographs, videos, books, products, applications and more) located on these sites, shall remain the sole property of The Company Hourglass Media or its clients or partners.
Content on the Site may not be used in any commercial manner without the prior written consent of Hourglass Media.
Unless you are the owner of the content, or have our permission, you must not reproduce, republish, duplicate, copy or otherwise exploit material on the Site in any way except for your own personal, noncommercial use. You may also reproduce Hourglass Media’s webpages for linking purposes.
All of our websites and related content is Copyright © MMXV-MMXIX, Hourglass Media, LLC. All rights reserved.
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that you or someone else’s copyright has been infringed by Company or User Content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s name, address, telephone number, and email address);
A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
The Rights Holder’s electronic signature.
Notice may be sent to:
By Mail: DMCA Agent
Hourglass Media, LLC
P.O. Box 6575
Huntington, WV 25772
By email: kaylin@hourglassomnimedia.com
Counter-Notification If material that you have posted to our Site has been taken down, you may file a counter-notification that contains the following details:
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
Your name, address and telephone number;
A statement that you consent to the jurisdiction of federal district court in the Southern District of West Virginia, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
Your physical or electronic signature.
Notice may be sent to:
By Mail: DMCA Agent
Hourglass Media, LLC
P.O. Box 6575
Huntington, WV 25772
By email: kaylin@hourglassomnimedia.com
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party.
IV. Privacy and Security
Privacy
These Terms of Use and Usage Policies disclose the privacy practices for our Site. On our Site and within our Company infrastructure, we keep all information confidential, including: names, email addresses, physical addresses, phone numbers, passwords, fields in forms and other information). Our information is stored on in-house and cloud-based servers. If security is breached for whatever reason, regardless of fault, we will notify each user by email and will post a notice on our website.
This Privacy Policy discloses how we collect, protect, use, and share information gathered about you on our websites. We hope that this disclosure will help increase your confidence in our sites and enhance your experience on the internet. Your use of the website indicates your acceptance of the terms of this Privacy Policy.
Types of Information We Collect and How We Collect It
The majority of the product and service information posted on our sites is offered without our collecting any personally identifiable information from you. You can access our Site and view much of our content anonymously.
There are a few activities on our sites where the collection of personally identifiable information is necessary. Those activities include: signing up for eNewsletters, making purchases, entering a contest or sweepstakes, registering on our sites, filling out a survey or questionnaire, or contacting us. We do not market to, seek to solicit information from, or knowingly collect information from children under 13. When we collect personally identifiable information, you will know because you will have to provide that information to us. For most activities, we collect only your name, e-mail address, company name, job position, street address, ZIP Code. When you make a purchase, we also collect your billing address, your phone number, and credit card information.
Personally identifiable information will be stored by the Company until erased in the ordinary course of business. We will continue to store anonymous or anonymized information, such as website visits, in order to improve our services.
Information Collected from You with Technology
Our Site collects some information about you using technology, so it may not be apparent to you that it is being collected. For instance, when you visit our site, we automatically collect certain non-personally identifiable information from your browser, such as your Internet service provider's address, the web page from which you came, and a record of your activity on our site. If you visit the Site on a mobile device, we collect information about the device, including the operating system and your location. This information is not personally identifiable and is stored within the backend of our Site and Google Analytics.
If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
Description of Cookies, Tracking Pixels and Other Technologies
Cookies are pieces of information that a website sends to your computer while you are viewing the website. We use “cookies” on our Site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our Site and identify repeat visitors to our sites. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our sites. Cookies can also enable us to track and target the interests of our users to enhance the experience on our Site Usage of a cookie specifically identifies you to us if you are in our database and can help us better communicate with you in a more targeted manner.
These pieces of information allow the websites to remember important information that will make your use of those sites easier and more helpful. Our Site uses and other similar technologies, including tracking pixels and clear GIFs, for a variety of purposes, including social-media advertising, blog posts and more.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. If you turn cookies off, you won't have access to many of our features that make your web experience more efficient.
The Type of Security We Provide
The importance of security for all personally identifiable information associated with our users is one of the Company’s primary concerns. We take technical, contractual, administrative, and physical security steps to protect all visitors' information. We use https:// (Hypertext Transfer Protocol Secure) to keep your information safe while you visit our Site.
When you provide credit card information, we use secure socket layer (SSL) encryption to protect it. However, no method of transmission over the Internet or method of electronic storage is 100 percent secure. We cannot guarantee the absolute security of your personal information.
There are some things that you can do to help protect the security of your information as well. For instance, never give out your password, since this is what is used to access all of your account information. Use a different password for each Internet account. If you’re on a shared computer, remember to sign out of your account and close your browser window when you finish surfing the web so that other people using the same computer won't have access to your information. You should use caution when using public Wi-Fi, which can make your personal information available to others if not properly secured.
Who We Share Your Information With
Sometimes we use third-party companies to help us target advertising and make our business processes run smoothly #behindthehourglass (A.K.A. behind-the-scenes).
These third-party companies include:
MailChimp – email marketing
PayPal – accounting
Google Drive and Dropbox – cloud storage
Microsoft Office 360 – email communications
SquareSpace – website hosting
Facebook/Instagram, Google, Amazon, Twitter and other advertisers – advertising and social media services
Some of these companies are given access to some or all of the information you provide us, and some may use cookies or other tracking technologies on our behalf. These companies are restricted from using your information in any manner other than in helping us to target advertising or to deliver or provide you with our products.
You may also opt out of targeted ads from specific third-party vendors by visiting the Digital Advertising Alliance’s Opt-Out page at http://optout.aboutads.info/#!/
We will give out personal information as required by law, for example, to comply with a court order or subpoena, to enforce our Terms of Service, or to protect the safety and security of users and our site.
Links to Other Websites and Social Media
This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
Disclosure to Third Party Affiliates
Unless otherwise indicated, Hourglass Media is the sole owner of the information collected on our Site. The Company retains the right to make member contact information available to responsible third parties for one-time mailing use only. We do sometimes partner with other parties to provide specific services on our Site. When the user signs up for these services, we will share names or other information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
Business or personal telephone numbers or email addresses are not made available to third parties without your express permission, and we will not sell or rent this information to anyone. If you do not wish to have your addresses made available to third parties, please notify us by emailing kaylin@hourglassomnimedia.com.
V. Access To and Control Over Your Information
You may opt out of any future contacts from us at any time. You can do the following at any time by emailing kaylin@hourglassomnimedia.com or calling 304.900.2833.
See what data we have about you, if any.
Change/correct any data we have about you.
Have us delete any data we have about you.
Express any concern you have about our use of your data.
VI. Payment
Paying for Your Order. Generally, we will charge your card for an item when we ship the item to you or confirm its availability. However, we may preauthorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When you pre-order with a debit card, we'll debit your card when you place the pre-order. For special delivery items, we'll charge your card when you confirm a delivery time. Digital items will be available upon payment in the payment window and by email. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. If we cancel an order or part of an order that we've already charged you for, we'll refund you the full amount of the canceled portion of the order.
VII. Disclaimer
ALL CONTENT ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
VIII. Indemnifications/Laws and Jurisdiction
You agree to indemnify and hold the Company, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the service, the violation of these Terms of Use and Usage Policies by you, or the infringement by you or other user of the service using your computer, of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
These Terms of Use and Usage Policies and all use of our websites is governed by the laws of West Virginia. By using our websites and any information contained therein, the user submits to the exclusive jurisdiction of the state courts of Cabell County, West Virginia, to resolve disputes of any kind arising out of the user’s reliance on the information on our websites, or any interaction with the sponsors involving said sites.
A printed version of these Terms of Use and Usage Policies and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use and Usage Policies to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree that any cause of action arising out of or related to the sites must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
IX. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, breach of the Terms of Use and Usage Policies or any subsequent modifications or attempted assignment of your account by you. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your account and may be referred to appropriate law enforcement authorities. The Company shall not be liable to you or any third party for the termination of service or any claims related to the termination of the Site.
Should you object to any terms and conditions of these Terms of Use and Usage Policies or any subsequent changes to the terms and conditions, or become dissatisfied with our Site in any way, your only recourse is to immediately:
Discontinue use of the Site.
Notify the Company of termination by sending an email to kaylin@hourglassomnimedia.com. Continued use of the Site is an acceptance of the Terms of Use and Privacy Policies and all or any subsequent changes.
International Use. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.
X. Revisions and Changes to These Terms of Use and Usage Policies
Hourglass Media may change these terms from time to time, and so you should check these terms regularly. Your continued use of our Site will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our Site immediately.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of West Virginia, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
Changes to this Privacy Notice
Changes to the Terms of Use and Privacy Policies will be posted on this page. If we make a material change to our privacy practices, we will provide notice on the site or by other means as appropriate. We last updated our Terms of Use and Privacy Policies on June 11, 2019.
Contact us If you have questions about these policies or the Company generally, or to opt out of promotional contacts, you may contact us by email at kaylin@hourglassomnimedia.com, or by postal mail at:
Hourglass Media, LLC
P.O. Box 6575
Huntington, WV 25772