Privacy Policy

Welcome to the1000best.com’s Privacy Policy. This site is owned and operated by ValueWeavers Pty Ltd. Honouring and respecting your privacy is important to us and we do our best to make your visits with us highly valued, satisfying and safe.

This document is the Privacy Policy of the1000best.com and its associated domains. It relates to the Web pages and services available at the1000best.com websites.

Your privacy

Because we gather information about the users of our service, we believe it’s important you fully understand the terms and conditions of how we obtain and use this information. This privacy policy details what information we gather, how we may use it, and how you can update, correct or remove it if necessary. Our Web site has areas where you must provide personal information to identify yourself, so it’s important that you know how we obtain and use your personal information and also the limited circumstance in which we may disclose it.

Note that this Privacy Policy is incorporated into and is subject to the1000best.com Terms of Use and Terms of Service agreements. Your use of the1000best.com and its associated domains and any personal information you provide on the1000best.com and its associated domains remains subject to the terms of this Privacy Policy and our Terms of Use and Terms of Service agreements.

All content and images posted by users onto the1000best.com site becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

What information do we collect?

For each visitor to our Web page, our Web server automatically recognises and may log non-personally-identifiable information such as IP address, profile information, aggregate user data, and browser type. This data is used to manage the website, track usage and improve the website services. This non-personally-identifiable information may also be shared with third-parties to provide more relevant services and advertisements to members. User IP addresses are also recorded for security and monitoring purposes.

We collect the e-mail addresses of those who post tributes and messages to our system, the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages users access or visit, information volunteered by the user, such as survey information and/or site registrations, name and address, telephone number, address information and payment information from purchases or free subscriptions made from the1000best.com (e.g. purchaser details and billing email and address information).

User Provided Information:

You may provide certain personally identifiable information (such as your name and email address) to the1000best.com when choosing to participate in various activities on our Web sites. This includes activities such as uploading images, posting messages, entering contests or sweepstakes, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.

Cookies Information:

When you visit the the1000best.com, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. The1000best.com uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. We may also use cookies to store visitors preferences, alert visitors to new areas that we think might be of interest to them when they return to our site, record activity at our site in order to provide better service when visitors return to our site and ensure visitors are not repeatedly sent the same banner ads.

Log File Information:

When you use the the1000best.com, our servers may automatically record certain information that your Web browser sends whenever you visit any website. Server logs may include information such as your Web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

PersonalSpace and Profile Information:

The1000best.com allows Nominee and Nominator users to submit and display on the1000best.com Web site personal information such as name, email address, website address, company logo, personal image, country, age and other profile data including but not limited to: personal interests, gender, age, education and occupation. This information is provided to allow users to represent themselves and share their interests, values, passions and information with others.

User Profile information including members' pictures and display names are shown to the public on nomination pages to facilitate user interaction in the1000best.com social recognition networking community. Email addresses are also used for the purposes of inviting people to vote or boost a nominee on the1000best.com, and to get people to visit a nominee’s PersonalSpace and view their profile information. Nominee and Nominator users' real names are never directly revealed to the public, only the chosen ‘Display Name’ is shown on the Web site to other users. To facilitate searching and finding nominees on the service, the1000best.com allows users to search for nominees via the Display Name. Searches are never performed on the person’s real name (unless the person has used their real name as their Display Name), email address or other identifying information.

How do we use your information?

We may use your contact details to send you information about the1000best.com, including material such as information on new services, promotions or products we may offer. We will treat the information we collect from you as strictly confidential. We may also use your email address to send updates, a newsletter or news regarding the service. Users may choose not to receive email of this type by removing their email address from our newsletter list or by contacting us and asking us to remove them from future emails.

Sharing and Disclosure of Information

As part of the normal operation of our services we collect, use and, in some cases, disclose information about you to third parties. Other than as set out below, or as described in other sections of this privacy statement, we will not reveal, disclose, sell, distribute, rent, licence, share or pass on to any third parties, any personal identification information that you may have provided to us, unless we have your express consent to do so.

Exceptions to this are:

• Where you have authorised release to a site advertiser or associate.
• Where there are reasonable grounds to believe that disclosure is necessary to prevent a threat to life or health, or to protect the safety of members of the public and users of the service.
• Where we are required to enforce the the1000best.com Terms of Use or Terms of Service Agreements or to protect our rights.
• Where we are required in the event of an investigation of fraud, intellectual property infringement, piracy or other illegal activity.
• Where the1000best.com is required by law to provide your information.
• Where we hire or engage other companies to provide limited services on our behalf, such as Web site hosting, packaging, mailing or delivering prizes, answering customer questions, or sending information about our products and services. We will only provide those companies the personal information they need to deliver the service. They will also be required to maintain the confidentiality of the information and are prohibited from using it for any other purpose other than what has been agreed between the1000best.com and themselves.
• We aggregate (gather up data across all user accounts) personal information and may disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally.
• ValueWeavers Pty Ltd (the owners and operators of the1000best.com) reserve the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of the1000best.com or substantially all of its assets to that successor in interest.

Access to the information we hold about you

On request by you, we will provide access to any information that we have collected about you through this website. You will need to provide us with reasonable proof of identity before we will grant access. Requests may be made by contacting us in writing addressed to The Privacy Policy Administrator at the current postal address located on the website.

Correcting/Updating or Removing Information

The1000best.com Nominee and Nominator users may modify or remove any of their personal information at any time by logging into their account and accessing features such as Update Nomination and Update Login Account Info. Other visitors or users of the site may request any personal information they have submitted be removed or modified using the ‘Contact Us’ form, the ‘Remove from Newsletter’ form or emailing us.

Security

The1000best.com Nominee and Nominator login accounts are secured by user-created passwords. ValueWeavers Pty Ltd and the1000best.com take precautions to insure that account information is kept private. We use reasonable measures to protect user information that is stored within our database, and we restrict access to this information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that we cannot and do not guarantee the security of login account and personal profile information. Unauthorised entry or use, hardware or software failure, and other factors may compromise the security of information at any time.

ValueWeavers Pty Ltd and the1000best.com uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. However, we cannot ensure and do not warrant the security of any information you transmit to the1000best.com and you do so at your own risk. Once we receive your transmission of information, we make commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

International Users

The1000best.com websites are owned and operated from Australia and are governed by Australian law. If you are a user accessing the the1000best.com websites from any other countries other than Australia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Australian laws, please be advised that through your continued use of the1000best.com sites, you agree and accept that you are bound by Australian law regarding privacy.

Other Users and Websites

To the extent that you disclose your information to other parties, either via PersonalSpace and Profile pages, via posting of Tributes or Blogs, or with other third-party sites visited from a link provided on the1000best.com, different rules may apply to their use or disclosure of your information. ValueWeavers Pty Ltd and the1000best.com takes no responsibility for your disclosure of information in this way or the use of that information by other parties. Since ValueWeavers Pty Ltd and the1000best.com does not control the privacy policies of third parties, you are subject to the privacy policies of those third parties. It is important to note that ALL content and images posted by users onto the publicly accessible sections of the1000best.com site becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

Information about Children

Children (persons under the age of 16 years) are not eligible to use our services unsupervised and we advise and request that children do not submit any personal information to us. If you are under the age of 16 years, you may use our service only in conjunction with and under the direct supervision of your parents or guardians.

Your Consent

You must read and agree to the terms of this Privacy Policy before using this website. By using this site, you consent to the collection and use by ValueWeavers Pty Ltd and the1000best.com of the information described in this policy.

Changes to our Privacy Policy

ValueWeavers Pty Ltd, the owner and operator of the1000best.com, reserves the right to and may make alterations to this document from time to time and update this policy. This will be reflected by the "Date Last Modified" shown below. Users should revisit this page regularly to remain aware of any changes.

From time to time, we may use customer or user information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at this page regularly.

ValueWeavers Pty Ltd and the1000best.com will take all reasonable steps to act in accordance with this Policy when using the Site. If you feel that this site is not following its stated information policy, you may contact us using our ‘Contact Us’ page.

ValueWeavers Pty Ltd assumes no responsibility for the information practices of other Web sites that a user may access through our websites.

Your continued use of the service constitutes your agreement to this privacy policy and any updates

Date Last Modified

This Privacy Policy was last modified July 12, 2008.

Terms of Service – Legal Agreement

The1000best.com is owned and operated by ValueWeavers Pty Ltd. The1000best.com web sites and service (hereafter known as ‘the service’) are supplied to you (the Nominee or Nominator) for free on the selection and setup of a subscription (known hereafter as a ‘nomination’). A nomination is provided by a Nominator (the initiator of the nomination) to a Nominee.

These Terms of Service apply to all Nominees and Nominators of the service. You as either a Nominee or a Nominator agree and acknowledge that you understand, agree to and will abide by the following:

Provision of services and the Contract between us

ValueWeavers Pty Ltd will do its best efforts to provide the service (the1000best.com web sites and associated services) on a 24 by 7 basis, however, due to technological constraints or limitations beyond our control, the site or service may from time to time not be available for viewing or use. This will be for site or database maintenance purposes or due to technical, infrastructure, communications or software upgrades, failures or issues. ValueWeavers Pty Ltd and the1000best.com does NOT and can NOT guarantee to provide the service for 100% uptime during the course of your nomination or use of the service.

You accept that the website services are provided with the following technical and business/process constraints:

• The1000best.com website and pages have been designed and coded to work best with Microsoft Internet Explorer versions 6.0 and 7.0. Whilst every effort has been made to provide compatibility with other browsers, we cannot and do NOT guarantee that our website will work with all browser types or versions.
• The website is best viewed using a screen resolution of 1024 x 768.
• The website is designed to be viewed with a 'normal size' DPI display setting.
• A maximum of 500 of the most recent Blogs and 500 of the most recent Tribs will be displayed on a nomination page.
• A maximum field length of 5000 characters is provided for Blogs and Nominator Gift Trib, and a maximum of 2000 characters for Tribs and PersonalSpace profile question answers.
• A maximum field length of 50 characters is provided for all other fields such as Nominator Names, Nominee Names, YouNameIt Names, Login Account names and other fields.
• A maximum file size of 50 Kbytes is provided for image file uploads.
• Only files of type .jpg, .bmp, .tif, .gif and .png are allowed to be uploaded to the website.

This Agreement is a contract for the provision of the1000best.com services and nothing in this Agreement shall create or be deemed to create a legal partnership or the relationship of agent and principal or the relationship of employer and employee between the you and ValueWeavers Pty Ltd or its agents.

Use of this Website

You agree to only use this website and service in accordance with this Agreement, the Terms of Use agreement and Privacy Policy agreement and all applicable laws.

ValueWeavers Pty Ltd or the1000best.com may sometimes contact you to ask you for information about the service or gather feedback about your experience of the service, or offer you additional features or services.

When you become a Nominee or a Nominator, you will be asked to create a Login Account and choose a password. You are entirely responsible for maintaining the confidentiality of your password. You are solely responsible for the activity that occurs on your PersonalSpace and Profile pages, and you must keep your Login Account password secure. You may never use another person's Login Account or PersonalSpace without permission. You agree to notify the1000best.com immediately if you suspect any unauthorised use of your PersonalSpace or access to your Login Account or password has occurred. If there are any breaches of security or unauthorised use of your PersonalSpace or Login Account, you must immediately advise the1000best.com. ValueWeavers Pty Ltd will not be liable for your losses caused by any unauthorised use of your PersonalSpace, Profile pages or Login Account. You may be liable for the losses of ValueWeavers Pty Ltd, the1000best.com or others due to such unauthorised use.

Please choose carefully the information you post on the1000best.com and that you provide to other Users. Your the1000best.com PersonalSpace, Blogs, Tributes, Profile and other pages may not include the following items: telephone numbers, street addresses, photographs or writing containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Nominees or Nominators (for instance, in their PersonalSpace or Blog pages) may, without the knowledge or agreement of ValueWeavers Pty Ltd or the1000best.com, contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and the1000best.com assumes no responsibility or liability for this material.

If you become aware of misuse of the the1000best.com service by any person, please contact the1000best.com or click on the ‘Report a Violation of Terms of Use or Service’ link at the bottom of the offending the1000best.com nomination page.

Intellectual Property Rights

All copyright and other intellectual property rights in the proprietary materials on this website are owned by ValueWeavers Pty Ltd and the1000best.com, unless otherwise indicated. You may download, print or copy any material from this website, provided it is for your own personal, non-commercial use and you must keep in place all original copyright notices or other intellectual property notices.

Subject to the above, you may not copy, modify, alter, distribute, publish, sell or otherwise use any material on this website in whole or in part, unless you have obtained the prior written consent of ValueWeavers Pty Ltd. In the case of Content or material belonging to a Nominee or Nominator, you must in addition obtain their prior written consent to copy, modify, alter, distribute, publish, sell or otherwise use any of their material on this website.

Proprietary Rights in your Content

ValueWeavers Pty Ltd and the1000best.com does not claim any ownership or copyright rights in the text, files, images, photos, works of authorship, or any other materials (collectively, "Content") that you post to the the1000best.com Services. After posting your Content you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the the1000best.com Services, you hereby grant to the1000best.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the the1000best.com Services and derivative products and services.

The license you grant to the1000best.com is non-exclusive, fully-paid and royalty-free (meaning that ValueWeavers Pty Ltd and the1000best.com is not required to pay you for the use of any Content that you post). This license is also sublicensable (so that the1000best.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the the1000best.com Services), and is world-wide. The license does not grant the1000best.com the right to sell your Content, nor does the license grant the1000best.com the right to distribute your Content outside of the the1000best.com or derivative products and services.

You represent and warrant that: you own the Content posted by you on or through the the1000best.com Services or otherwise have the right to grant the license set forth in this section; and the posting of your Content on or through the the1000best.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the the1000best.com Services.

Content Posted by Yourself or Others

You agree that ValueWeavers Pty Ltd and the1000best.com may delete any Content that in the sole judgment of the1000best.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. ValueWeavers Pty Ltd and the1000best.com assumes no responsibility for monitoring the the1000best.com Services for inappropriate Content or conduct. If at any time the1000best.com chooses, in its sole discretion, to monitor the the1000best.com Services, the1000best.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any User submitting any such Content.

You are solely responsible for the Content that you post on or through any of the the1000best.com Services, and any material or information that you transmit to others and for your interactions with other Users. ValueWeavers Pty Ltd and the1000best.com does not endorse and has no control over the Content. Content is not necessarily reviewed by the1000best.com prior to posting and does not necessarily reflect the opinions or policies of the1000best.com. ValueWeavers Pty Ltd and the1000best.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to others.

You agree and accept that we may perform ‘unacceptable word’ filtering and reserve the right to remove any insulting, derogatory language including swear words and other unacceptable language that is not aligned with the positive values, etiquette and messages of the1000best.com site.

Data Protection

Any personal information you submit to the1000best.com will be dealt with in accordance with our Privacy Policy. We will make best efforts to protect and keep safe your data, information and Content that you submit to the1000best.com. However, ValueWeavers Pty Ltd does NOT and can NOT provide a guarantee that your data will not become corrupted, lost, damaged or stolen. You agree that ValueWeavers Pty Ltd is not liable to you for loss, theft or corruption of your data, information or Content.

Obligations of the Nominee and Nominator

You warrant that you are 16 years old or over. The1000best.com Services are not to be used by children under the age of 16.

Termination

ValueWeavers Pty Ltd may terminate this Agreement and your subscription to the service should you be deemed by ValueWeavers Pty Ltd or the1000best.com to have broken this Terms of Service Agreement, Terms of Use agreement or Privacy Policy agreement. In such instance, no correspondence will be entered into by ValueWeavers Pty Ltd or its officers or employees.

You can terminate this Agreement and the consequent provision of service at any time by contacting the1000best.com by email, or in writing. The termination will take effect within five business days after the receipt of your notice. ValueWeavers Pty Ltd and the1000best.com’s contact details are available from the ‘Contact Us’ and the ‘About the1000best.com’ pages on our website.

Limitation on Liability

You agree that ValueWeavers Pty Ltd and the1000best.com and its agents and employees shall not be liable to you or to any other person or entity in any way, whether arising under contract, tort (including negligence) or otherwise, for damages of any kind arising from the use of this website or services, including, but not limited to, direct, indirect, incidental, punitive or consequential damages, lost revenue or profits, lost or damaged data or other commercial or economic loss, that result from your use of, or inability to use, this website.

If this limitation of liability provision shall be deemed unenforceable, either in whole or in part, then such parts as are unenforceable shall be deleted, the remaining parts shall remain in full force and effect and the liability of ValueWeavers Pty Ltd and the1000best.com or its agents or employees shall be limited to the greatest extent permitted by law.

In addition, if this limitation of liability provision shall be deemed unenforceable, either in whole or in part, then you agree that the maximum loss we are liable for in any regard is the cost of any money you have paid to ValueWeavers Pty Ltd for your use of the service, less any associated purchase, service provision or setup costs.

Disclaimer of Warranty

Separate terms and conditions may apply to certain products, services and materials available through this website. In these cases, this will be brought to your attention. Subject to this, no express or implied warranties of any kind are made in respect of this website or the products, services and materials available through it.

ValueWeavers Pty Ltd and the1000best.com does not warrant that this website will operate in perpetuity, uninterrupted or error/virus free or that the information on this website is accurate or complete.

Links to Other Companies or Organisations

The1000best.com website provides web-links (and other details) to other websites that offer products, services and materials we think will be of interest to you. Some of these websites are operated in conjunction with other companies/organisations and some are operated solely by independent companies/organisations. ValueWeavers Pty Ltd and the1000best.com accepts no liability for any products, services, materials or information contained on or available through linked websites or otherwise provided by any other company/organisation referred to on this website. No linked websites are covered by this Agreement, therefore, you should check the terms and conditions that cover the use of these websites before using them.

You may only link to this website with our prior written permission. The1000best.com reserves the right to remove any links to its website that it deems are inappropriate without notice.

Jurisdiction and Law

This Agreement is governed by the laws of Victoria, Australia.

The parties irrevocably agree that the courts in Australia shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this Agreement or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Australian courts. The place of performance shall be Australia.

Changes to the Terms of Service Policy

From time to time we may add new features to the website and enhance the level of service that we offer to you. This may lead to changes in this Agreement. ValueWeavers Pty Ltd, the owner and operator of the1000best.com, therefore reserves the right to and may make alterations to this document from time to time and update this policy. This will be reflected by the ‘Date Last Modified’ shown below. Users should revisit this page regularly to remain aware of any changes.

Any such changes will be notified to you by us updating this Agreement and by changing the ‘Date Last Modified’ (below) and your subsequent use of this website will be deemed to signify your acceptance to the changes. You should regularly check the ‘Terms of Use and Service’ page for updates and changes to this and other policies.

Entire agreement

This Agreement supersedes all prior agreements, arrangements and understandings between the parties and constitutes the entire agreement between the parties relating to the subject matter hereof (save that neither party seeks to exclude liability for any fraudulent pre-contractual misrepresentation upon which the other party can be shown to have relied). This agreement also exists in addition and combination with the Terms of Use agreement and Privacy Policy agreement.

If you do not agree with these ‘Terms of Service’, with the1000best.com ‘Terms of Use’ and the1000best.com ‘Privacy Policy’, please do not use this website. You may only use this service by agreeing to the above. If you do not agree to our terms of service, terms of use or privacy policy, then do not use this service.

Date Last Modified

This Policy Agreement was last modified July 12, 2008.