Thank you for visiting Big Sky Journal's website. On this site, we want to provide you with information that is tailored to your individual needs and, at the same time, help you protect your privacy. This notice explains our online information practices and the choices you can make about the way your personal information is collected and used.
The Types of Information We Collect
From time to time at this site, you can order products, enter contests, vote in polls, subscribe to one of our services, or participate in our online forums or communities. When you do any of these things, we ask you for personally identifiable information such as your name, address, e-mail address, telephone number, credit card information and information about your interests in and use of various products and services.
You may also occasionally submit information about other people. For example, you might submit a person's name and e-mail address to order a gift or gift subscription online. If you want it sent directly to the recipient, you may submit the recipient's name, address and telephone number.
We also may collect certain non-personally identifiable information when you visit our web pages such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Windows or Mac OS) and the domain name of your Internet service provider (e.g., America Online, Earthlink). We may collect your Internet Protocol address ("IP address"), which is usually associated with the place from which you enter the Internet, like your Internet service provider, your company or your university.
How We Use the Information
We use the information you provide about yourself to fulfill your requests for our products and services, to respond to your inquiries about offerings and to offer you other products, programs or services that we believe may be of interest to you. We sometimes use this information to communicate with you, such as to notify you when you have won one of our contests or when we make changes to subscriber agreements, to fulfill a request by you, or to contact you about your account with us.
We use the information that you provide about others to enable us to send them your gifts. From time to time, we also may use this information to offer products, programs or services to them.
If you submit content for publication (for example, a letter to our editors), we may publish your name and other information you have provided to us.
The information we collect in connection with our online forums and communities is used to provide an interactive experience. We use this information to facilitate participation in these online forums and communities and, from time to time, to offer products, programs, or services.
We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site and to enable us to personalize your experience. We also may use this information in the aggregate to analyze site usage, as well as to offer products, programs, or services. We may use your IP address to help diagnose problems with our server, gather broad demographic information, and administer our website.
We will disclose information in our database when required to do so by law, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request.
We allow access to our database by third parties that provide us with services such as technical maintenance or forums software, but only for the purpose of providing those services. If you choose to purchase items through our site, we may forward your information to third parties for services such as credit card processing and order fulfillment. There are also times when you provide information about yourself to us in areas of the site that are managed or participated in by third parties, such as our featured merchant partners. In such cases, the information may be used by us and by such third parties, each pursuant to its own policies. We may also provide your information to our advertisers, so that they can serve ads to you that meet your needs or match your interests. While we will seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, Dwell LLC. does not bear any responsibility for any actions or policies of third parties.
We do not rent or sell our users' e-mail addresses. However, unless you request otherwise, we may rent or share your name and address with carefully selected companies who we believe can offer you services and products of interest to you. If you do not wish to have your information shared, please contact us.*
This site will not use or transfer personally identifiable information provided to us in ways unrelated to the ones described above without also providing you with an opportunity to opt out of these unrelated uses.
To determine how many users visit our site and to better understand the areas of greatest interest to our visitors, we have relationships with other companies that compile this information for us. As a result of your visit to our site, web analytics companies may collect information such as your domain type, your IP address and clickstream information. For further information, consult the privacy policies of: Google Inc. http://www.google.com/intl/en/privacy.html
1. Statistical Analysis and Banner Advertising
Big Sky Journal may perform statistical analyses of user behavior in order to measure interest in areas of our website for product development purposes and to inform advertisers as to how many consumers have seen or clicked their ads. We may also use demographic and preference information (in aggregate form) for targeted advertising, or that users see advertising that is most likely to interest them and advertisers send their messages to people who are most likely to be receptive, improving both the viewer's experience and the effectiveness of the ads. In this statistical analyses and method of advertising, we will disclose information to third parties only in aggregate form. Personal information about you as an individual subscriber will not be provided to any third party without your consent, except under the circumstances described in Compliance with Legal Process* below.
Data Security: To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place physical, electronic and managerial procedures to protect the information we collect online.
2. Contests, Special Offers, Surveys
On occasion, Big Sky Journal also collects additional personal information from subscribers in connection with optional contests or optional special offers. If this information is to be shared with a third party, we will notify you at the time of collection.
Additionally, Big Sky Journal may collect additional personal information from subscribers in connection with optional surveys. Information that you provide in answer to optional survey questions may be shared, but only in the aggregate, with advertisers and partners unless we notify you at the time of collection.
3. Compliance with Legal Process
We may disclose personal information if we are required to do so by law or we in good faith believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of Big Sky Journal; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).
The effective date of this policy is September 1, 2014.
By accessing or using the website, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site and should immediately cease such use. Big Sky Journal may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
1. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws protect the entire contents of the site. The owners of the intellectual property, copyrights and trademarks are Big Sky Journal, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas of the site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Big Sky Journal a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the site (such as bulletin boards, forums and newsgroups) or by e-mail to Big Sky Journal by all means and in any media now known or hereafter developed. You also grant to Big Sky Journal the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Big Sky Journal for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Big Sky Journal.
For permission to reprint an article that appeared in the pages of Big Sky Journal, please contact us.
Big Sky Journal and Big Sky Journal HOME belonging to Big Sky Journal, or its websites, seminars, conferences, events, trade shows, publications, products, content or services referenced herein or on the site are the exclusive trademarks or service marks of Big Sky Journal, including the "look" and "feel" of the site, color combinations, layout, and all other graphical elements. Any use of Big Sky Journal trademarks is strictly prohibited without the express written permission from Big Sky Journal. Other product and company names mentioned in the site may be the trademarks of their respective owners.
3. Use of the site.
You understand that, except for information, products or services clearly identified as being supplied by Big Sky Journal, Big Sky Journal does not operate, control or endorse any information, products or services on the Internet in any way.
Except for Big Sky Journal identified information, products or services, all information, products and services offered through the site or on the Internet generally are offered by third parties that are not affiliated with Big Sky Journal. You also understand that Big Sky Journal cannot and does not guarantee or warrant that files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
Big Sky Journal offers a search feature within the site. Big Sky Journal explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Big Sky Journal also disclaims any responsibility for the completeness or accuracy of any directory or search result.
In connection with your use of the site, you agree you will not:
a) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;
b) Impersonate any person or entity, including but not limited to, an Big Sky Journal official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity;
k) Manipulate or otherwise display the site by using framing or similar navigational technology, or
l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Big Sky Journal product or service if you are not expressly authorized by such party to do so.
You assume total responsibility and risk for your use of the site and the Internet. Big Sky Journal provides the site and related information as is and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the Internet generally, and Big Sky Journal shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the Internet generally. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. Big Sky Journal has no control over and accepts no responsibility whatsoever for such materials.
Limitation of liability
In no event will Big Sky Journal be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Big Sky Journal or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Big Sky Journal liability is limited to the greatest extent permitted by law.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto.
5. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless Big Sky Journal, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the site.
Big Sky Journal reserves the right to release current or past member or website user information if Big Sky Journal believes that a member’s account is being used to commit unlawful acts, if the information is subpoenaed and/or if Big Sky Journal deems it necessary and/or appropriate.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the site), and 5 (Indemnification) are for the benefit of Big Sky Journal and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
7. Term; Termination.
Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 3 (Use of the site), 5 (Indemnification), 6 (Third Party Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement.
8. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Big Sky Journal shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
The site may provide, or third parties may provide, links to non-Big Sky Journal Internet World Wide websites or resources. Because Big Sky Journal has no control over such sites and resources, you acknowledge and agree that Big Sky Journal is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Big Sky Journal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
This agreement shall all be governed and construed in accordance with the laws of the State of Montana, United States applicable to agreements made and to be performed in the State of Montana, United States. You agree that any legal action or proceeding between Big Sky Journal and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of Gallatin, State of Montana, United States.
Any cause of action or claim you may have with respect to the site must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. Big Sky Journal's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Big Sky Journal may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Some of the information on this website may contain projections or other forward-looking statements regarding future events or the future financial performance of Big Sky Journal. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially.