Privacy Policy

Online Privacy Policy

Introduction

This document

This document is a legal agreement between you, the User, and the entity providing C. Marshall Turner. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User”, “you”, “your” and similar terms, either in singular or plural form, refer to you, the User. “We”, “our”, “us” and similar terms refer to the corporation that owns and manages C. Marshall Turner as outlined in the present document. “C. Marshall Turner” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.

Acceptance of this Agreement

In order to use C. Marshall Turner, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.

Registration and Prohibited Use of C. Marshall Turner

Registration

In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential.

It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User's access credential.

Age eligibility

By registering on C. Marshall Turner, you represent and warrant that you are an adult according to the legislation in your country. We do not accept registration of Users under the age of 13. Each User between the ages of 13 and 18 (or whichever age is the age of majority in their country of residence), may only register provided that a parent or legal guardian: * consents to the registration; * acknowledges and agrees to be bound by this Agreement and * ensures that the use of C. Marshall Turner by the minor is under their supervision.

Deleting User accounts and account termination

Registered Users can cancel their accounts and stop using the Service at any time, through the interface of C. Marshall Turner or by directly contacting the Owner. The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.

The Owner reserves the right to suspend or terminate the User's account at any time and without notice if it believes that:

User has violated this Agreement; and/or
User's access or use of the Service may result in injury to the Owner, other Users or third parties; and/or
the use of C. Marshall Turner by the User may result in violation of law or regulations; and/or
in case of an investigation by legal action or governmental involvement; and/or
the account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.

Forbidden use

The Service shall be used only in accordance with these Terms.

Users may not:

reverse engineer, decompile, disassemble, modify or create derivative works based on C. Marshall Turner or any portion of it;
circumvent any technology used by C. Marshall Turner or its licensors to protect content accessible via it;
copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through C. Marshall Turner;
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of C. Marshall Turner or its content;
rent, lease or sublicense C. Marshall Turner;
defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
misappropriate any account in use by another User;
register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through C. Marshall Turner in any way;
use C. Marshall Turner in any other improper manner that violates the Terms.
disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
publish any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, violence;
promote activity that may endanger your life or the life of any other User or lead to physical harm. This includes, but is not limited to: suicide threats, intentional physical trauma, use of illegal drugs, or drinking excessively. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self - destructive or violent behaviour on C. Marshall Turner;
publish any content or carry out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of C. Marshall Turner or another User's experience or devices. Such activity includes: spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses etc.;
publish any content that exclusively focuses on extreme or gratuitous gore and violence;
probe, scan or test the vulnerability of C. Marshall Turner, including the services or any network connected to the website, nor breach the security or authentication measures on C. Marshall Turner, including the services or any network connected to C. Marshall Turner;
conceal their identity or steal someone else's identity or, in any case, pretend to be or represent a third party, if not expressly allowed to do so by such third party;
manipulate identifiers in order to disguise or otherwise conceal the origin of their messages or of the content published;
harvest or collect any personally identifying information of other Users, including but not limited to the email addresses or contact information, by circumventing the privacy setting of User's account on C. Marshall Turner or by any other means;
register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through C. Marshall Turner in any way;
indicate or try to imply in any manner that you have a relationship with C. Marshall Turner or that C. Marshall Turner has endorsed you, your products or services or any third party's products and services for any purpose;
use C. Marshall Turner to publish or otherwise disseminate copyrighted material, without the consent of the copyright holder.

User Generated Content, content available on C. Marshall Turner, Software license and other intellectual property rights

Content provided by the Owner

The content provided by the Owner is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause. The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device. Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on C. Marshall Turner or allow any third party to do so through the User or its device, even without User's knowledge. Where explicitly stated on C. Marshall Turner, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through C. Marshall Turner, for the User's sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly reported.

C. Marshall Turner Widgets

You may include links to C. Marshall Turner or include our widgets in your website according to the following terms:

you may link to, but not replicate, the content available on C. Marshall Turner;
you must not imply that C. Marshall Turner is endorsing or sponsoring your website or your products, unless we have given our prior written consent;
you must not present false information about C. Marshall Turner or its products or services;
you must not use any content provided by the Owner or any of our Services except as expressly permitted in these Terms & Conditions or without prior written permission from us;
the website must not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial;
the website must not support, endorse or encourage piracy or the unauthorised exploitation of intellectual property rights;
on your website, you shall conspicuously post a privacy policy by means of which you explain to your users how the widget works and how we help you monetize your UCG and analyze and measure your listenership.

If you are linking to or embedding our widgets in a third-party web space, it is your sole responsibility to make sure that you have permission to do so.

By linking to or embedding our widgets, you agree that you do and will continue to comply with the above requirements. We reserve the right to deny permission to embed our widgets or to block C. Marshall Turner widgets at any time, for any reason in our sole and absolute discretion.

User Generated Content

Users are responsible for their own content and that of third parties that they share through C. Marshall Turner, that they create, deliver and post on or through C. Marshall Turner, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service. The Owner does not moderate the content provided by User or by third parties but it may choose to suspend or terminate display of any such content if:

complaints are received from other Users;
it receives and accepts a DMCA “takedown notice” that it believes to be valid or any intellectual property infringement claim;
it believes that it must do so in anticipation of, or as part of, legal actions;
action is requested by authorities; or
it believes that such content remaining accessible on or through C. Marshall Turner may pose a risk to Users, third parties, the Service's availability and/or the Owner itself.

UCG Representation and Warranties

complaints are received from other Users;
it receives and accepts a DMCA “takedown notice” that it believes to be valid or any intellectual property infringement claim;
it believes that it must do so in anticipation of, or as part of, legal actions;
action is requested by authorities; or
it believes that such content remaining accessible on or through C. Marshall Turner may pose a risk to Users, third parties, the Service's availability and/or the Owner itself.

Rights over UGC

By creating, delivering, submitting, posting or displaying UGC on or through C. Marshall Turner, the User grants a non-exclusive, royalty-free, worldwide, irrevocable, perpetual and with the right to sublicense license to the Owner without territorial limits, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.

With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete your UGC from C. Marshall Turner, or, in general, when you delete your account, except when:

any such UGC has been shared with other Users within C. Marshall Turner;
the Owner decided to use UGC for promotional and/or advertising purposes.

The User must be aware of the fact that any UGC removal may take reasonable time to be processed from backup and other systems used by C. Marshall Turner. For further information, the User is kindly requested to contact the Owner at the contact details provided in the present document.

Content provided by third parties

The Owner does not moderate the content or links provided by third parties before their publication on C. Marshall Turner. The Owner is not responsible for the content provided by third parties or for its availability.

Software license

Marshall Turner grants Users a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Softwares and/or any other technical means embedded in the Service provided by C. Marshall Turner. This license is for the sole purpose of enabling Users to use the Service and in doing so within the limits and in compliance with this Agreement and/or any other applicable rules. User is required to use the Service in accordance with Owner’s intellectual and industrial property rights. The Softwares related to the Service, like any other copyright or other intellectual property rights, are the exclusive property of the Owner and/or its licensors. User does not acquire any right or title with respect to the Softwares, and acknowledges that their use is non-exclusive and non-assignable, only for the duration of the Service usage, via remote connectivity, via Internet, for the provision of Services under the Agreement. The right to use the Softwares, does not grant any rights to the original source codes. All techniques, algorithms, and procedures contained in the Softwares and their documentation are information protected by copyright and sole property of the Owner or its licensors, and therefore may not be used in any way by the User for purposes other than those set forth in these Terms. All rights and license grants to the User shall immediately terminate upon any termination or expiration of this Agreement.

Other Intellectual properties rights

All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, logos and/or copyrights that appear concerning C. Marshall Turner and all rights in and to the user interface, features and functionality of C. Marshall Turner and underlying software, including code (“Owner's IP”) are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties. The Owner does not grant you any rights whatsoever in any Owner's IP except to the extent necessary for you to use the Services in compliance with the Agreement.

All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on C. Marshall Turner are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.

Purchasing Process and Rights of the User

In-App purchases

Marshall Turner provides Apple device Users the opportunity to get in-app purchases. In order to get such in app-purchases, Users must follow the instructions given by the online store which can vary according to the device in use (i.e. either "Apple Store" or "Google Play"). In this case, the User is also required to check and accept the terms and conditions of sale set forth by such third parties in the respective online stores.

Purchasing of a subscription plan

Further details on the available plans, can be found in the dedicated pages of C. Marshall Turner.

Recurring subscription

Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.

Methods of payment

Marshall Turner uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.

Any declined payment costs shall be borne by the User.

Right of withdrawal for European Consumers

According to the applicable European consumer protection law, in case of purchase of services the European Consumer has the right to terminate the Agreement, within 14 days days from the date the Agreement is entered into, without giving any explanation. For the purpose of exercising the right of withdrawal, the Consumer is obliged to inform the Owner, without any formality, of the decision to withdraw by sending an unequivocal statement to the address set out in this document. For the purpose of this communication, the Consumer can use the withdrawal form available at the bottom of the Agreement.

Any reimbursable amount will be returned by the Owner without undue delay, and in any event within 14 days of the notification of withdrawal by the Consumer, using the same means of payment used by the Consumer for the initial transaction, unless the Consumer has expressly otherwise agreed.

Limitations to the right of withdrawal

Notwithstanding the above, the Consumer acknowledges and accepts that the right of withdrawal does not apply to contracts for the supply of services after the full performance of the service by a professional if the performance initially began with the express consent of the User and their agreement to lose the right to withdraw. Therefore, if the European Consumer has made a purchase on C. Marshall Turner and the Service provided by the Owner is immediately provided so that Consumer has immediate access to the use of the relevant Service, the withdrawal right shall be no longer actionable. The User also acknowledges and agrees that the withdrawal shall not apply to the supply of digital content through a non-material medium once the execution of the agreement has begun with the express consent of the Consumer and their acknowledgement of the loss of the right to withdrawal. This means that whenever a European Consumer purchases digital items from within C. Marshall Turner, the withdrawal right shall be no longer actionable.

Refund and order correction

The User can ask for a refund or order correction only if:

the User is charged for items that they did not purchase or
they do not receive the items they did purchase or
they are charged the incorrect amount.

Refund requests shall be processed provided that they are received within 24 hours from purchase. Refund requests received past 24 hours from purchase shall be evaluated at the Owner's sole discretion.

EXCEPT FOR THE ABOVE MENTIONED CASES, NO REFUND SHALL BE PROVIDED FOR ANY PURCHASE MADE.

Disclaimer of warranties and limitation of liabilities

Disclaimer of Warranties (non eu users)

THE OWNER PROVIDES THE SERVICES TO YOU STRICTLY ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE OWNER EXPRESSLY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE OWNER MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF ANY “CONTENT” AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, OMISSIONS OR INACCURACIES IN ANY “CONTENT”; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE “SERVICES” AND “C. Marshall Turner”; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS AND/OR ANY INFORMATION ACCESSIBLE THROUGH SUCH SYSTEMS; (IV) ANY INTERRUPTION OF THE “SERVICES”; (IV) ANY VIRUSES, TROJAN HORSES, BUGS, MALWARE OR THE LIKE IN OR TRANSFERRED THROUGH THE “SERVICES” OR THROUGH THE ACTIONS OF ANY THIRD PARTY; (V) ANY ACCESS TO YOUR DEVICE AND/OR INFORMATION AVAILABLE THROUGH SUCH ACCESS; AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE “SERVICES.” THE OWNER DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY EVENT, PRODUCT OR SERVICE AVAILABLE THROUGH THE “SERVICES” OR ANY WEBSITE ACCESSIBLE THROUGH THE “SERVICES.” NO ACTION FROM OR ON BEHALF OF THE OWNER OR ANY OTHER SOURCE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU.

Limitations of Liability (non eu users)

YOU USE C. Marshall Turner AND THE CONTENT THEREIN AT YOUR OWN RISK. IN NO EVENT WILL THE OWNER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF CUSTOMER DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF DAMAGES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE FROM AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.

Limitations of liability for the European User

Marshall Turner and all functions accessible through C. Marshall Turner are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals. C. Marshall Turner and functions accessible through C. Marshall Turner are used by the Users at their own risk and under their own responsibility. In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of C. Marshall Turner. Therefore, the Owner shall not be liable for:

any losses that are not a direct consequence of the breach of the Agreement by the Owner;
any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
damages or losses resulting from interruptions or malfunctions of C. Marshall Turner due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner's control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third party services or applications and
incorrect or unsuitable use of C. Marshall Turner by Users or third parties.

Indemnification

You agree to defend, indemnify and hold harmless the Owner, its parent, “sibling” and subsidiary corporation(s) (if any) and officers, directors, employees, advisors and agents thereof, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and expenses) arising from: * your use of the Service; * your violation of this Agreement; * your violation of any third party right, including without limitation any copyright, property, or privacy right; or * any claim that your content caused damage to a third party.

Services Provided by third parties

Users may use third-party services or content included in C. Marshall Turner, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.

Compliance with third parties terms of use

Marshall Turner is a video platform that allows Users to broadcast together, from anywhere, using any device and simulcast to multiple social networks and other third-party platforms (e.g. Facebook, Twitch, YouTube etc.).

Notwithstanding the above, C. Marshall Turner is not endorsed, sponsored or certified by any such third party and nothing herein contained shall constitute a partnership between or joint venture by C. Marshall Turner and these third providers or constitute any party the agent of the others.

By using C. Marshall Turner, the Users acknowledge and agree to be bound also to these third-party providers’s terms of service and privacy policy, which Users are requested to read and accept before using their services.

Miscellaneous

Filing claims under DMCA

Under the Digital Millennium Copyright Act (DMCA), you can request that the Owner remove material that infringes a copyright. To do so you must file a document that is known as a DMCA “takedown notice”, which must comply with the requirements specified by the law.

In particular, your “takedown notice” must include:

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;
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 the service provider to locate the material;
information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must send this takedown notice in physical form using the contact information provided in this document.

If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Providing the Service

From time to time the Owner may change certain aspects of the Service, such as adding or deleting certain features. The Owner may also decide to suspend or terminate the Services altogether. If the Services are terminated, the Owner will work with you to enable you to withdraw your information in accordance with applicable law. The Services might not be available at times you expect it, whether because of software or network problems or events that are known as “Force Majeure” such as acts of God, labor actions and other disruptions beyond the reasonable control of the Owner. The Services might not be available also because the Services are undergoing maintenance.

Changes to this Agreement

The Owner reserves the right to amend or otherwise modify this Agreement at any time, informing you by publishing a notice through C. Marshall Turner or otherwise communicating with you. Such changes will only affect the relationship with you for actions after you have accepted the new Agreement. Previous versions, which are archived by the Owner, will govern the relationship prior to your acceptance. You can email the Owner for a copy of any previous version. Your continued use of the Services after such changes will signify your agreement with and acceptance of this Agreement with its revised terms. If you do not wish to be bound by the changes, then your only recourse is to discontinue the use of the Services.

Assignment

This Agreement, and any rights and licenses granted in this Agreement, cannot be transferred or assigned by you without the Owner’s prior written permission, but may be assigned by the Owner without restriction.

Contacts

You consent to the Owner contacting you by your telephone number (if provided) or your email address. All communications relating to C. Marshall Turner must be sent using the contacts stated in this document. If you send a communication by email you must have valid confirmation of receipt to provide promptly to the Owner if requested.

Cancellation and termination of the Agreement

You may terminate the Agreement by cancelling your account at anytime by emailing the Owner at the contact details provided in this document and then following the specific instructions provided in our response.

Notwithstanding the provisions set forth under the section “Deleting Users accounts and account termination”, we reserve the right to terminate the Agreement and cancel your account in the following cases:

in case of discontinuation of the Service;
in case you fail to honour your obligation to pay for the Services you purchased;
in case we suspect that you have engaged in any fraudulent or, in general, illegal activity in connection with C. Marshall Turner or in case of your infringement of the Agreement;
if requested to do so by any public authority for any reason.

Without prejudice to any further action we may bring before the competent courts in order to protect and safeguard our rights.

Upon termination of the Agreement by either party for any reason:

we will cease providing you with the Service and you will no longer be able to access your account;
unless otherwise stated in the Agreement, you will not be entitled to any refunds of any fees, pro rata or otherwise;
any outstanding balance owed to C. Marshall Turner for your use of the Service through the effective date of such termination will immediately become due and payable in full; and
the UGC that you published will be taken offline unless it has used by the Owner for advertising and/or promotional purposes or shared by any other Users of C. Marshall Turner.

If at the date of termination of the Agreement, there are any outstanding fees that you owe us, you will receive one final invoice via email, at the email address that you provided upon registration. Once that invoice has been paid in full, you will not be charged again and we shall consider our relationship terminated.

Entire Agreement

This Agreement, together with any other legal notices published by the Owner constitute the entire agreement between Owner and you concerning the Services.

Severability

If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

No Waiver

The Owner’s failure to assert any right or provision under this Agreement shall not constitute a waiver of any such right or provision. Any waiver shall not be deemed a further or continuing waiver of such term or any other term.

Governing law and jurisdiction

Marshall Turner is controlled and operated by Voxnest, Inc. and this Agreement shall be governed by the laws of the place where the Owner has its registered office, without regard to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of the State of New York in connection with the interpretation or application of the Agreement. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

An exception applies whenever the User can be qualified as Consumer, in which case the court where the Consumer has his/her domicile or residence has the sole jurisdiction.

Definitions

Privacy Policy

Marshall Turner collects some Personal Data from its Users

Types of Data collected

Among the types of Personal Data that C. Marshall Turner collects, by itself or through third parties, there are: first name, email address, Cookies and Usage Data.

Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.

Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using C. Marshall Turner.

Unless specified otherwise, all Data requested by C. Marshall Turner is mandatory and failure to provide this Data may make it impossible for C. Marshall Turner to provide its services. In cases where C. Marshall Turner specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.

Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.

Any use of Cookies – or of other tracking tools – by C. Marshall Turner or by the owners of third-party services used by C. Marshall Turner serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available.

Users are responsible for any third-party Personal Data obtained, published or shared through C. Marshall Turner and confirm that they have the third party's consent to provide the Data to the Owner.

Mode and place of processing the Data

Methods of processing

The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of C. Marshall Turner (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

Legal basis of processing

The Owner may process Personal Data relating to Users if one of the following applies:

Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
processing is necessary for compliance with a legal obligation to which the Owner is subject;
processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner;
processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party.

In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Place

The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located.

Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.

Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section.

Retention time

Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

Therefore:

Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.

The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

The purposes of processing

The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Registration and authentication, Access to third-party accounts, Handling payments, Analytics, Contacting the User, Advertising, Remarketing and behavioral targeting and Hosting and backend infrastructure.

Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document.

Facebook permissions asked by C. Marshall Turner

Marshall Turner may ask for some Facebook permissions allowing it to perform actions with the User's Facebook account and to retrieve information, including Personal Data, from it. This service allows C. Marshall Turner to connect with the User's account on the Facebook social network, provided by Facebook Inc.

For more information about the following permissions, refer to the Facebook permissions documentation and to the Facebook privacy policy.

The permissions asked are the following:

Basic information

By default, this includes certain User’s Data such as id, name, picture, gender, and their locale. Certain connections of the User, such as the Friends, are also available. If the User has made more of their Data public, more information will be available.

Email

Provides access to the User's primary email address.

Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

Access to third-party accounts

This type of service allows C. Marshall Turner to access Data from your account on a third-party service and perform actions with it.

These services are not activated automatically, but require explicit authorization by the User.

Facebook account access (C. Marshall Turner)

This service allows C. Marshall Turner to connect with the User's account on the Facebook social network, provided by Facebook, Inc.

Permissions asked: Email.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

Twitter account access (Twitter, Inc.)

This service allows C. Marshall Turner to connect with the User's account on the Twitter social network, provided by Twitter, Inc.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

Advertising

This type of service allows User Data to be utilized for advertising communication purposes displayed in the form of banners and other advertisements on C. Marshall Turner, possibly based on User interests.

This does not mean that all Personal Data are used for this purpose. Information and conditions of use are shown below. Some of the services listed below may use Cookies to identify Users or they may use the behavioral retargeting technique, i.e. displaying ads tailored to the User’s interests and behavior, including those detected outside C. Marshall Turner. For more information, please check the privacy policies of the relevant services.

In addition to any opt out offered by any of the services below, the User may opt out of a third-party service's use of cookies by visiting the Network Advertising Initiative opt-out page.

DoubleClick for Publishers (Google Inc.)

DoubleClick for Publishers is an advertising service provided by Google Inc. that allows the Owner to run advertising campaigns in conjunction with external advertising networks that the Owner, unless otherwise specified in this document, has no direct relationship with. In order to opt out from being tracked by various advertising networks, Users may make use of Youronlinechoices. In order to understand Google's use of data, consult Google's partner policy.

This service uses the “Doubleclick” Cookie, which tracks use of C. Marshall Turner and User behavior concerning ads, products and services offered.

Users may decide to disable all the Doubleclick Cookies by clicking on: www.google.com/settings/ads/onweb/optout?hl=en.

Personal Data collected: Cookies and Usage Data.

Place of processing: United States – Privacy Policy.

Analytics

The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.

Google Analytics (Google Inc.)

Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of C. Marshall Turner, to prepare reports on its activities and share them with other Google services.

Google may use the Data collected to contextualize and personalize the ads of its own advertising network.

Personal Data collected: Cookies and Usage Data.

Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant.

Contacting the User

Mailing list or newsletter (C. Marshall Turner)

By registering on the mailing list or for the newsletter, the User’s email address will be added to the contact list of those who may receive email messages containing information of commercial or promotional nature concerning C. Marshall Turner. Your email address might also be added to this list as a result of signing up to C. Marshall Turner or after making a purchase.

Personal Data collected: name email address.

Handling payments

Payment processing services enable C. Marshall Turner to process payments by credit card, bank transfer or other means. To ensure greater security, C. Marshall Turner shares only the information necessary to execute the transaction with the financial intermediaries handling the transaction.

Some of these services may also enable the sending of timed messages to the User, such as emails containing invoices or notifications concerning the payment.

PayPal (PayPal Inc.)

PayPal is a payment service provided by PayPal Inc., which allows Users to make online payments.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: See the PayPal privacy policy – Privacy Policy.

Stripe (Stripe Inc)

Stripe is a payment service provided by Stripe Inc.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

Hosting and backend infrastructure

This type of service has the purpose of hosting Data and files that enable C. Marshall Turner to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of C. Marshall Turner. Some of these services work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.

Amazon Web Services (AWS) (Amazon Web Services, Inc.)

Amazon Web Services is a hosting and backend service provided by Amazon.com Inc.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

Registration and authentication

By registering or authenticating, Users allow C. Marshall Turner to identify them and give them access to dedicated services.

Depending on what is described below, third parties may provide registration and authentication services. In this case, C. Marshall Turner will be able to access some Data, stored by these third-party services, for registration or identification purposes.

Direct registration (C. Marshall Turner)

The User registers by filling out the registration form and providing the Personal Data directly to C. Marshall Turner.

Personal Data collected: email address and first name.

Facebook Authentication (Facebook, Inc.)

Facebook Authentication is a registration and authentication service provided by Facebook, Inc. and is connected to the Facebook social network.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy.Privacy Shield participant.

Twitter OAuth (Twitter, Inc.)

Twitter Oauth is a registration and authentication service provided by Twitter, Inc. and is connected to the Twitter social network.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

Google OAuth (Google Inc.)

Google OAuth is a registration and authentication service provided by Google Inc. and is connected to the Google network.

Personal Data collected: various types of Data as specified in the privacy policy of the service.

Place of processing: United States – Privacy Policy. Privacy Shield participant.

Remarketing and behavioral targeting

This type of service allows C. Marshall Turner and its partners to inform, optimize and serve advertising based on past use of C. Marshall Turner by the User.

This activity is performed by tracking Usage Data and by using Cookies, information that is transferred to the partners that manage the remarketing and behavioral targeting activity.

In addition to any opt out offered by any of the services below, the User may opt out of a third-party service's use of cookies by visiting the Network Advertising Initiative opt-out page.

AdWords Remarketing (Google Inc.)

AdWords Remarketing is a remarketing and behavioral targeting service provided by Google Inc. that connects the activity of C. Marshall Turner with the Adwords advertising network and the Doubleclick Cookie.

Personal Data collected: Cookies and Usage Data.

Place of processing: United States – Privacy Policy – Opt Out.

Further information about Personal Data

Sharing of video, podcast and other UGC created within C. Marshall Turner via external social networks, platforms and services

User can send invitations or any other type of communications related to any UGC created within C. Marshall Turner by using external social networks already installed in the devices (e.g. Facebook, Youtube, Twich etc.). In these cases, User must be aware that the Data are processed by such third parties according to their privacy policy and without any possibility for the Owner to exercise any kind of control over the further processing of the Data shared by the User.

Sharing and re-sharing of Personal Data within C. Marshall Turner

Please be aware that other users of C. Marshall Turner might re-post or otherwise share what you post, which could include Data such as your name, nickname/screen-name, video and other information about you, as well as information about content that you post. These other users might make such information publicly available. The Owner processes the Data to enable the display on C. Marshall Turner and sharing of such information through C. Marshall Turner by other users.

Children usage of the Service

This Service is not intended for use by children, especially those under age 13. No one under age 13 is allowed to register for the Service or provide any personally identifiable information or use our social, community and public discussion areas, photo and video galleries, chats, and elsewhere. Minors between the ages of 13 and 17, inclusive, must get the permission of their parent(s) or legal guardian(s) before using the Service. If your children disclose information about themselves in publicly accessible areas of the Service, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so. If you're worried about your children's activities or their privacy on the Service, we encourage you to contact us at the contact details available at the beginning of this document.

Notice to California Customers - Your California Privacy Rights

California’s "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the business' practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. If you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes or to find out more about your opt-out rights, please contact our Data Controller as described above.

Push notifications

Marshall Turner may send push notifications to the User.

The rights of Users

Users may exercise certain rights regarding their Data processed by the Owner.

In particular, Users have the right to do the following:

Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.
Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

Details about the right to object to processing

Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.

Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document.

How to exercise these rights

Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.

Cookie Policy

Marshall Turner uses Cookies. To learn more and for a detailed cookie notice, the User may consult the Cookie Policy.

Additional information about Data collection and processing

Legal action

The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of C. Marshall Turner or the related Services.

The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities.

Additional information about User's Personal Data

In addition to the information contained in this privacy policy, C. Marshall Turner may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

System logs and maintenance

For operation and maintenance purposes, C. Marshall Turner and any third-party services may collect files that record interaction with C. Marshall Turner (System logs) use other Personal Data (such as the IP Address) for this purpose.

Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document.

How “Do Not Track” requests are handled

Marshall Turner does not support “Do Not Track” requests.

To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.

Changes to this privacy policy

The Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page and possibly within C. Marshall Turner and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.

Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required.

Definitions and legal references

Personal Data (or Data)

Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

Usage Data

Information collected automatically through C. Marshall Turner (or third-party services employed in C. Marshall Turner), which can include: the IP addresses or domain names of the computers utilized by the Users who use C. Marshall Turner, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

User

The individual using C. Marshall Turner who, unless otherwise specified, coincides with the Data Subject.

Data Subject

The natural person to whom the Personal Data refers.

Data Processor (or Data Supervisor)

The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

Data Controller (or Owner)

The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of C. Marshall Turner. The Data Controller, unless otherwise specified, is the Owner of C. Marshall Turner.

C. Marshall Turner (or this Application)

The means by which the Personal Data of the User is collected and processed.

Service

The service provided by C. Marshall Turner as described in the relative terms (if available) and on this site/application.

European Union (or EU)

Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.

User Generated Content (or UGC)

Means any information and material displayed by you on C. Marshall Turner and/or any other part of the Services, but excluding the links to third-party sites, apps, addresses or phone numbers and the content provided by the Owner.

Cookies

Small sets of data stored in the User's device.

Legal information

This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

This privacy policy relates solely to C. Marshall Turner, if not stated otherwise within this document.