Catalog cessation

theoretically, this site will reduce environmental waste (trees for paper, gas for shipping, yadda yadda), and allow me to block unwanted catalogs from stuffing my mailbox. I wonder what they are doing with the data about my shopping habits? and why is this terms and conditions agreements (posted below) so fixated upon DMCA and intellectual property rights?

. I'm joining anyway, but....

There is also this from their FAQ:

Gathering of Personally-Identifying Information
Certain visitors to Catalog Choice’s websites choose to interact with Catalog Choice in ways that require Catalog Choice to gather personally-identifying information. The amount and type of information that Catalog Choice gathers depends on the nature of the interaction. For example, we ask visitors who wish to create an account to opt-out of direct mail solicitations to provide the following information: Name(s) and site address(es) (street, city, state and zip code). In each case, Catalog Choice collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Catalog Choice. Catalog Choice does not disclose personally-identifying information other than to request that the name(s) and address(es) provided be removed from the mail list of catalogs you select, and/or as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Protection of Certain Personally-Identifying Information

Catalog Choice discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Catalog Choice’s behalf or to provide services available at Catalog Choice’s website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Catalog Choice’s website, you consent to the transfer of such information to them. Catalog Choice will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Catalog Choice discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when Catalog Choice believes in good faith that disclosure is reasonably necessary to protect the property or rights of Catalog Choice, third parties or the public at large. If you are a registered user of the Catalog Choice website and have supplied your email address, Catalog Choice may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Catalog Choice and our services. We primarily use our our website and our blog to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Catalog Choice takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

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Welcome to Catalog Choice (also referred to as, a sponsored project of the Ecology Center, provides its services to you subject to the following conditions. If you visit, you accept these conditions. Please read them carefully. In addition, when you use any current or future service, you also will be subject to the guidelines and conditions applicable to such service or business. The following terms and conditions govern all use of the website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Catalog Choice, a sponsored project of the Ecology Center (hereafter referred to as Catalog Choice). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Catalog Choice (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by Catalog Choice acceptance is expressly limited to these terms.
1. Your Account. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Catalog Choice may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Catalog Choice liability. You must immediately notify Catalog Choice of any unauthorized uses of your account or any other breaches of security. Catalog Choice will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. As part of your Account, you agree to allow Catalog Choice to contact direct marketing companies on your behalf to request the removal of your name from their mailing list.
2. Copyright Infringement and DMCA Policy. As Catalog Choice asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by violates your copyright, you are encouraged to notify Catalog Choice. Catalog Choice will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Catalog Choice or others, Catalog Choice may, in its discretion, terminate or deny access to and use of the Website.
3. Intellectual Property. This Agreement does not transfer from Catalog Choice to you any Catalog Choice or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Catalog Choice. Catalog Choice, and all other graphics and logos used in connection with Catalog Choice, or the Website are trademarks of Catalog Choice or Catalog Choice’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Catalog Choice or third-party trademarks.
4. Changes. Catalog Choice reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Catalog Choice may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
5. Termination. Catalog Choice may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have an account, such account can only be terminated by Catalog Choice if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Catalog Choice’s notice to you thereof; provided that, Catalog Choice can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
6. Disclaimer of Warranties. The Website is provided “as is”. Catalog Choice and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Catalog Choice nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. 7. Limitation of Liability. In no event will Catalog Choice, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Catalog Choice shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
8. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Catalog Choice Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
9. Indemnification. You agree to indemnify and hold harmless Catalog Choice, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to those arising out of your violation this Agreement.
10. Miscellaneous. This Agreement constitutes the entire agreement between Catalog Choice and you concerning the subject matter hereof, and such Agreement, may only be modified by a written amendment signed by an authorized executive of Catalog Choice, or by the posting by Catalog Choice of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Alameda County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Catalog Choice may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

[From Catalog Choice - Get Started Now »]


The Catalog Choice effort is a sponsored project of the Ecology Center, endorsed by leading US non-profits, including the National Wildlife Federation, and Natural Resources Defense Council, with funding provided by The Kendeda Fund, The Overbook Foundation and the Merck Family Fund.

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This page contains a single entry by Seth A. published on October 11, 2007 12:25 AM.

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