Terms of Use

 

TigerTailTuktuk.com is a division of Encore2K, LLC

These terms and conditions (the “Terms“) govern your access to and use of an Encore2K,LLC website (the “Site”, “Sites”)and mobile applications that link to or reference these Terms (collectively, the “Service“, “Services”). By accessing or using the Service, you are agreeing to these Terms and concluding a legally binding contract with Encore2K,LLC, OrangePawAdventures.com, OrangePawInn.com, KristopherIrmiter.com, Encore2K.com, and any affiliated corporate entities that are controlled by, or in common control with, Encore2K,LLC (the “Company“). You are also agreeing to the Company’s separately published Privacy Policy, which is available at www.Encore2K.com/use&privacy.You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. “We“, “us“, and “our” refer to the Company.


The Terms and Privacy Policy contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter.


1. USING THE SERVICE
Eligibility
To access or use the Service, you must be 15 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of ours or if we have previously banned you from the Service or closed your account.
Permission to Use the Service
We grant you permission to access and use the Service subject to the restrictions in these Terms.
Service Availability
We may modify, update, interrupt, suspend or discontinue the Service or any part thereof at any time, for any or no reason, without notice or liability.
User Accounts
You may simply browse our websites or use our mobile applications without registering with us, but you must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. We may also provide you with the ability to register for an account using your existing account and log-in credentials on third-party sites such as Facebook (each such account, a “Third-Party Site Account”). You are responsible for maintaining the confidentiality of the passwords for your account and/or Third-Party Site Account. You are also responsible for all activities that occur in connection with your account and/or Third-Party Site Account. You agree to notify us if any of your passwords are lost, stolen, if you are aware of any unauthorized use of your passwords, or if you know of any other breach of security in relation to the Service. We reserve the right to close your account at any time for any or no reason.
Your account is for your personal, non-commercial use only. We ask that you provide complete and accurate information about yourself in creating your account to bolster your credibility as a user of the Service. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. You may not use or attempt to use another person’s password.
Certain of the information you provide will be used to create your User Profile. Your User Profile may viewable by other users of the Service, and other users may contact you through the Service. Your email address will not be shared.
Communications from the Company and other Users
By creating an account, you agree to receive certain communications in connection with the Service. In addition, the Company has a relationship with other corporate or not-for-profit entities and your name and email address may be shared with them if log into web or mobile links connected to ours.  You can opt-out of non-essential communications from the Company at https://www.Encore2K.com.


2. CONTENT
Your Responsibility
You alone are responsible for Your Content, and once published, it cannot generally be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by the Company. “Content” means content, text, images, photos, audio, video, location data, route information, and all other forms of data or communication accessible on or through the Service. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service.
Closed or Unauthorized Trails
You may not submit any content related to a trail that is not legally open (seasonal closures are okay). You may report a closed or unauthorized trail at https://www.Encore2K.com/contact.
Our Right to Use Your Content
We may use Your Content in a number of different ways, including copying it, publicly performing or displaying it, reformatting it, modifying it, translating it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others (including entities that control, are controlled by, or in common control with, Encore2K,LLC ) to do the same in connection with their own or other third party websites, mobile applications and other media or formats, whether now known or hereafter developed (“Other Media“). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and Other Media the right to access Your Content in connection with their use of the Service. Finally, you irrevocably waive, and cause to be waived, against the Company and its users, any claims and assertions of moral rights or attribution with respect to Your Content.
Ownership
As between you and the Company, you own Your Content (subject to our right to use it as described above). We or our licensors own the remaining Content (“Company Content”), including but not limited to text, photos, video, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user reviews or ratings, and all other elements and components of the Service.
Advertising
The Company and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without notice to you.
Other
Company Content submitted by other users, advertisers and third parties does not necessarily reflect the opinion of the Company. We reserve the right to remove, screen, edit, or reinstate such Content at our sole discretion and without notice to you.


3. RESTRICTIONS
You agree not to, and will not assist, encourage, or enable others to use the Service to:

  • Submit content that is fake, defamatory, obscene, pornographic, or invades someone’s privacy, that is intended to inflict emotional distress, or that is otherwise unlawful or objectionable; trade reviews with other businesses; or compensate someone or be compensated to write or remove a review; Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, trade name, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

  • Threaten, stalk, harm, or harass others, or promote bigotry, hate speech or discrimination;

  • Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except as expressly permitted by the Company;

  • Solicit personal information from minors;

  • Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;

  • Interfere with or damage the operation of the Service or introduce to the Service or its users any type of harmful code or computer virus;

  • Reproduce, distribute or make derivative works of the Service or any of its contents without the express written consent of the Company;

  • Transmit “spam,” “chain letters,” “junk mail,” or “pyramid schemes”;

  • Violate an order of a court or government agency; or

  • Violate any applicable laws.


4. INTELLECTUAL PROPERTY
Copyright And Trademark
We or our licensors own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights“) associated with the Company Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Company Content in whole or in part except as expressly authorized by us.
Suggestions and Improvements
The Company welcomes your comments and feedback regarding the Service. By sending us any ideas, suggestions, designs, data, documents or proposals (“Feedback“), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, but we reserve the right to treat the Feedback as the Company’s confidential information, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) you assign to the Company, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback; and (v) the Company will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques therein, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without providing any notice, attribution, or compensation to you.


5. LINKS TO THIRD PARTIES
The Service may include links to other websites or applications (each, a “Third Party Service“). We do not control or endorse any Third Party Service. You agree that we are not responsible for the availability or contents of such Third Party Services. Your use of Third Party Services is at your own risk and subject to the Terms of Use and Privacy Policy on such sites.


6. AGENT TO RECEIVE NOTIFICATION OF INFRINGEMENT
The Company does not knowingly publish (or permit individuals to publish) copyrighted materials without permission. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in the form of a written statement signed physically or electronically (see Digital Millennium Copyright Act, 17 U.S.C. section 512(c)(3) for further detail):

  • 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 at that site;

  • 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 you, such as an address, telephone number, and, if available, an electronic mail address;

  • A statement that you have 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; and

  • A statement that the information in the notification is accurate and under penalty of perjury, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Your statement must be sent to the Company by US mail or email, to:
Encore2K,LLC
Attn: Copyright Agent
519 College Ave. #1603

Clemson, SC  29633
info@Encore2K.com
You acknowledge that if you fail to comply with all of the requirements of this Paragraph 6, your DMCA notice may not be valid.


7. INDEMNITY
You agree to indemnify, defend, and hold the Company, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, volunteers, agents, and representatives of each of them (collectively, “the Company Entities“) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Service, (ii) the violation by you, or any third party using your account, of the Terms, (iii) any products or services purchased or obtained by you in connection with the Service, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.


8. NO WARRANTIES
Content on Service: You could be seriously injured or die when engaging in the activities discussed on the Service. The Company recommends you receive professional instruction. Content provided by the Company or other users may be inaccurate or outdated, and the Company makes no claims to the accuracy of any Content.
Real-World Meetings: The Company understands that it is possible for individuals to use the Service to exchange information and to meet each other in the real world. You are advised that the Company cannot vouch for the safety of offline meetings with individuals you meet through the Service, and such meetings are held at your sole risk. Furthermore, you are advised to be careful not to accidentally divulge personally identifying information about yourself, including but not limited to your full name, telephone number(s), street addresses, URLs or email addresses. If you do provide this information to another person you met through the Service, it is at your risk and the Company will have no liability for anything that results from such meetings.
Online Commerce: The Service may direct you to third parties who sell many different types of products and services. The Company is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from such a merchant, information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant’s home page and click on its information links or contact the merchant directly. You agree that Company has no responsibility or liability for any other merchant’s independent practices, and you waive all claims against Company for any harm or damage arising from your use of such merchant’s sites, services, or goods, including when such sites, services or goods are accessed or purchased through the Company’s Service.


THE SERVICE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE COMPANY MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, OR THE SERVICE CONTENT. ACCORDINGLY, THE COMPANY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE INFORMATION, BUSINESS LISTINGS, ADVERTISERS, OR PRODUCTS SOLD ON OUR SERVICE.


THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF THE COMPANY SHALL CREATE A REPRESENTATION OR WARRANTY.


THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE CONTENTS OF THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES, WORMS, OR OTHER ELEMENTS HARMFUL TO YOUR COMPUTER SYSTEM.


9. LIABILITY EXCLUSIONS
YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY ACTUAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGE THAT RESULTS FROM YOUR USE OF, OR YOUR INABILITY TO USE, THE SERVICE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.


If you have an account with the Service to post or submit anything, you agree to be fully liable for any and all claims, damages, demands, injuries, or losses arising from any posting, transmission, or submission resulting from someone else using your account, regardless of whether you permitted that use.
In the event this liability disclaimer is deemed unenforceable by a court of law, you agree that the Company’ maximum aggregate liability to you for losses or damages that you suffer in connection with the service or these terms is limited to the greater of (i) the amount paid, if any, by you to the Company in connection with the service in the 12 months prior to the action giving rise to liability, or (ii) $100.


10. MOBILE APPLICATIONS
We may provide mobile applications to access the Service via a mobile device (each, a “Mobile Application”). To use the Mobile Application you must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with your mobile device. We hereby grant you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that we may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application to which we provide access designed for use on an Apple iOS-powered mobile device (an “iOS App”). For avoidance of doubt, these terms supplement and do not exclude or supersede any other provisions of these Terms:

  • You acknowledge that these Terms are between you and the Company only, and not with Apple, Inc. (“Apple”).

  • Your use of the iOS App must comply with Apple’s then-current App Store Terms of Service.

  • We, and not Apple, are solely responsible for the iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App.

  • You agree that the Company, and not Apple, is responsible for addressing any claims by you or any third-party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.

  • You agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.

  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

  • You agree to comply with all applicable third-party terms of agreement when using the iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).

  • You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

 

The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device (an “Android App”) . For avoidance of doubt, these terms supplement and do not exclude or supersede any other provisions of these Terms:

  • You acknowledge that these Terms are between you and us only, and not with Google, Inc. (“Google”).

  • Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.

  • Google is only a provider of the online market where you obtained the Android App. The Company, and not Google, is solely responsible for the Android App and the services and content available thereon. Google has no obligation or liability to you with respect to the Android App or these Terms.

  • You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to the Android App.

 

The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device and obtained from the Amazon App Store (an “Amazon Android App”) . For avoidance of doubt, these terms supplement and do not exclude or supersede any other provisions of these Terms:

  • You acknowledge that these Terms are between you and the Company only, and not with Amazon.com, Inc. (“Amazon”).

  • Information that we collect from you or your device are subject to these Terms and the Privacy Policy, and will not be subject to the Amazon.com Privacy Notice.

  • Amazon has no obligation or liability to you with respect to the Amazon Android App and the Services and Content available thereon or these Terms. We, and not Amazon, are solely responsible for the Amazon Android App and the services and content available thereon. For the avoidance of doubt, the Amazon Android App does not include any software that you may need to install on your mobile device in order to download applications from the Amazon App Store (the “Appstore Software”). The Appstore Software is licensed to you by Amazon pursuant to the terms of the then current Amazon Appstore for Android Terms of Use.


11. CHOICE OF LAW AND VENUE
The laws of the State of South Carolina will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and the Company (a “Claim“), without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located in Columbia, South Carolina.


12. TERMINATION
You may terminate the Terms at any time by closing your account, discontinuing your use of the Service, and providing the Company with a notice of termination.
We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability. Any such action could prevent you from accessing your account, the Service, all Content, or any other related information. The prospective obligations of these Terms will survive termination of your access to the service or these Terms.


13. GENERAL TERMS
We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Service. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Service. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Any failure on the Company’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any rights hereunder.
If any portion of these Terms is deemed invalid, void, or for any reason unenforceable, that portion shall be deemed severable and shall not affect the validity and enforceability of the remainder of these Terms.
These Terms, and the Privacy Policy, may change from time to time. The Company may modify these Terms and/or the Privacy Policy effective immediately upon notice to you either by (1) electronic mail or (2) posting the modifications to the Service (which shall be deemed constructive notice). Your continued use of the Service following notice of any modifications shall be conclusively deemed an acceptance of all such modifications.


These Terms and Conditions were Last Updated on November 12, 2018.

 

Privacy Policy

Encore2K, LLC Privacy Policy
 
Understand how we collect, use, disclose, transfer, and store your information
Effective Date November 12, 2018


At TigerTailTuktuk.com, OrangePawAdventures.com, and Encore2K.com (“Encore2K, LLC”), we take your privacy seriously.
This Privacy Policy describes information that Encore2K, LLC (“company”, “we”, “our”) collects, uses, shares and stores, including Personal Information (i.e., information that personally identifies you, such as your name, email address, physical address, phone number, or other data that can be reasonably used to infer your identity).
This document focuses on information from individuals (“you” or “your”) who visit TigerTailTuktuk.com, OrangePawAdventures.com, KristopherIrmiter.com or Encore2K.com (each, a “Site”), including online store or services, who purchase or book use of products or services (collectively, “Products”), including any related mobile application (“App”).
This Privacy Policy may change from time to time, so please check back periodically to check the most recent modification date to ensure that you are aware of any changes in our processing of your Personal Information. Your continued use of the Site or Products after any changes signifies your express, explicit, voluntary and unambiguous consent to any such changes.   If you do not agree to such changes, your choice is not to use our Site or Products.

Your Consent
By using the Site, and/or purchasing or using our Products or Service, you agree to allow us to collect and process your Personal Information, including international transfer, in accordance with the terms of this Privacy Policy.  You also consent to receiving direct marketing emails from all divisions of Encore2K, LLC and understand that you may opt out by clicking “unsubscribe” on the emails you receive from us.  We also will send you “push” notifications in the App regarding your use of the Products or Service.  If we send direct marketing messages in these “push” notifications, we will provide a mechanism to opt out of receiving such marketing messages via the App.  You agree that your consent is voluntary, explicit and unambiguous and is free and informed.

EU-US and Swiss-US Privacy Shield Frameworks
This Privacy Policy and Encore2K, LLC comply with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework, and associated Privacy Shield Principles (the “Principles”), as set forth by the U.S. Department of Commerce regarding the collection, use, disclosure, onward transfer and retention of Personal Information from the European Union and Switzerland, respectively.  If there is any conflict between this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn about the Privacy Shield Program please visit www.privacyshield.gov.  By adhering to the Privacy Shield Principles, Encore2K, LLC agrees to be subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
As a Privacy Shield Organization, Encore2K, LLC is responsible for the processing of Personal Information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf.  Encore2K, LLC shall remain liable under the Principles if its agent processes such Personal Information in a manner inconsistent with the Privacy Shield Principles, unless Encore2K, LLC proves that it is not responsible for the event giving rise to the damage.

Information collected when visiting a Site
We collect information about you through our Sites in several ways. This information is used to allow us to understand how visitors navigate our Sites, and to provide information and advertising that is relevant to users interests. The Sites collect:
Purchase and Account Information
Mailing List Information
Application Information
Cookies and Tracking
Third Party Sites
Social Media Information
 
Purchase and Account Information
When purchasing Encore2K, LLC Product or Service we record the necessary information to complete the purchase and delivery of the product or service to you. This includes name, email address, billing and shipping addresses, phone number and payment information. We use third-party payment processing partners to collect, process and maintain payment information and information about your purchase, including any relevant credit card information.  When you place an order, you are immediately directed to our third-party payment processor, which collects your Personal Information and billing information in order to process your transaction. Our third-party payment processor and other third-party sites have separate and independent privacy policies.
We store your email address and name as you use this information to sign into your account. We also use this to send you important security information and product related updates. Your name is also associated with your profile and is visible when you submit comments or any other materials on our app or website.

Mailing List Information
When you contact us by email, sign up for our marketing communication, purchase a product, register for an account, or contact us through our support site, we collect your name, country and email address in order to respond to you. If you participate in an optional survey, we will collect the information requested by the survey in order to process survey results.  You can opt out of these emails by clicking “unsubscribe” on the emails you receive from us.
If you provide your opt-in consent to receiving marketing information from Encore2K, LLC we will also process your email address for the purpose of sending you marketing information about products, services and apps. The marketing emails you receive from Encore2K, LLC are based on preferences you provide on your account, these include opt ins to our newsletter, blog updates and product related promotions.
 
Application Information
Applying to work with us:
When you apply for a job through the Site, we collect your first and last name, email address, postal address, resume, cover letter and the information you provide on your resume, cover letter, or in the job application.  We use this information to assess your qualifications for open positions and to contact you if we wish to discuss an opportunity with you. We retain your information even after the position has been filled.

Applying to be a Preferred Service Provider:
If you submit an application to become a Preferred Service Provider, we collect your first and last name, email address, phone number, title, company information, company address and other information related to reviewing your company and processing the application.
We use this information to determine whether to pursue a business relationship with you and to contact you for further information. If your application is accepted, we add your information to our partner database and may expose some of this information publicly on our website for our customers to find you.

Cookies and Tracking:
As with many websites, we and our third-party partners use data collected through cookies, web beacons, and other tracking technology, to compile aggregate data about Site traffic and Site interaction so that we can offer better Site experiences and tools in the future. Cookies are small files that a website or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) and that enables the websites or service provider systems to recognize your browser and capture and remember certain information. We use this information to recognize you when you return to the Site to provide a better experience, to avoid having you enter information more than once, to better understand how you use our Sites and Products, to diagnose and fix technology problems, and to otherwise enhance the Sites and Products. Examples of information collected, include browser type, device type, IP address, domains, page views, referring/exit pages, information about how you interact with our Site’s pages and with third-party links, traffic and usage trends on the service, etc.

Most browsers automatically accept cookies, but you may be able to change the settings of your browser to stop accepting cookies or to prompt you before accepting a cookie from the sites you visit. Note that depending on your type of device or browser, it may not be possible to delete or disable all tracking mechanisms on your device. Please note that cookies are essential for our Site to function as per any e-commerce service, so disabling them may turn off some functionality of our Site.

If you reside in the EU or other jurisdiction that requires us to obtain your consent to use cookies on our Site, we will provide an opportunity to manage your cookie preferences on our Site. You can also manage your preferences by going to your Account Settings.

In some email messages, we use a “click-through URL” linked to content on our Site. We track this click-through data to help us measure the effectiveness of our customer communications. We also use third-party tools or services, such as Google Analytics, to assist us with analyzing and improving our Site. These service providers may also employ cookies but are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

Third Party Sites:
Our Site may contain links to other websites that are independent, are not owned or operated by us, are not covered by this Privacy Policy and which may incorporate third party information.  If you access other sites using the links provided, the operators of these sites may collect information from you, which will be used by them in accordance with their privacy policy, which may differ from ours. We therefore have no responsibility or liability for the content and activities of other websites to which you provide Personal Information, even if they are linked to our Site.

Social Media Information:
Our Site includes features from third-party social media websites such as Facebook, Twitter, YouTube, Google+, LinkedIn and TripAdvisor that run on our Site.  Please note that our Site is not sponsored or endorsed by any of these social media sites, which are trademarked and owned by third parties and not by us.  These features may collect your information, including certain Personal Information, IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third-party or hosted directly on our Site. This Privacy Policy applies to the data we store on our own databases from these services and not on these social media servers.  Your interactions with these features, including their collection of your Personal Information, would be governed by the privacy policy and other policies of the companies providing them.

We also give our users the ability to create an account with us using Facebook and Google. If you choose to do this, the first time you do so you will be asked whether you agree that the Social Media provider may provide certain Personal Information to OrangePawAdventures and/or Encore2K, LLC, such as your name, email address with your social media account. This information is made available to Encore2K, LLC by the social media provider due to the way their sign-on configuration functions. However, the only Personal Information Encore2K, LLC retains and processes is your name and email address. If you do not want your Personal Information to be shared with Encore2K, LLC through the Social Media provider, you can use your email ID and name to create an account directly with Encore2K, LLC as described below.

Setup Information
When you sign up for a TigerTailTuktuk.com, OrangePawAdventures.com, KristopherIrmiter.com or Encore2K.com (Encore2K, LLC) account on a Site or within an App, we collect your email address and password in order to set up and manage your account and communicate with you by email. We require that you have an account to use our Services or Products. When adding a Encore2K, LLC Service or Product to your account, you will be asked to validate your email address, physical address, name and phone number so that we may contact you in the event of a safety issue. Other information, such as equipment choice, preferred service location, etc. may be requested as well to customize your experience.

Copenhagen Wheel information
An App is required to use the Copenhagen Wheel. When using the two together we collect information from a variety of sensors both inside the Wheel, inside the phone/device, and potentially other connected sensors. Information collected includes, but is not limited to, phone model, operating system, user torque, motor torque, geolocation, speed, elevation, slope, temperatures, and accelerations. Please note that you can change your phone’s location preferences which would allow or prevent us from gathering any location based data on you. This information is transmitted over cellular or other wireless networks and is backed up on our cloud based servers to give you details regarding your trips.
By recording this information, the Wheel can respond to your actions and provide a unique riding experience. Additionally, the App can display information relevant to you and your behaviors. After your ride, the App can also display a summary of your experience to you.
Diagnostic Information
When using our equipment, Encore2K, LLC records non-identifiable diagnostic information about some Devices and/or Device sensors. This information includes, but is not limited to, defined faults and hazards, temperatures, battery voltages, and sensor data. This information is also transmitted from the equipment to the App and then to cloud-hosted servers. We use this information to diagnose issues and aggregate service information.


Bug Reporting and Feedback
If you’re a Product/App owner and choose to send us an error report with details regarding a fault that you experienced or bug that you encountered in an App, that bug report in itself sends us your email and location along with other diagnostic information regarding the App and our firmware. You will be provided an opt-in to participate in this process and Encore2K, LLC only receives information already registered with your account.
Encore2K, LLC also has a beta-test program that includes some current Product users. This program is an application-based process. We collect certain Personal information from participants, such as your name, email, location, phone and bike information along with demographic information, e.g. age and gender, to understand our product usage and user behavior better so that we can develop new products and improve our existing products. Participation in the beta program is voluntary.
Additional Information
We use third-party services within some Apps that collect certain information. For instance, mapping services we use may collect anonymous location telemetry. This Privacy Policy does not cover third party services used within any App, but we will make best efforts to notify you of additional information that may be collected by a third party when using the App.


Children’s Privacy
Our Site is geared towards users who are at least the age of majority in their jurisdiction of residence. We do not knowingly collect Personal Information from children under the age of 13 in the United States or under the age of 16 in the EU.  If your child provided Personal Information to the Site, please contact us and notify us of the information your child provided.


Aggregated Data
In an ongoing effort to better understand and serve current and prospective customers, we conduct research on our customer demographics, interests and behavior based on the Personal Information and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregate data with our affiliates, agents, and business partners. This aggregate information does not identify you personally. We may also disclose aggregated use statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.


Security
When you place an order, your information is transmitted via Secure Socket Layer (SSL) technology and encrypted into our payment provider’s database only to be accessible by those authorized with special access rights to such systems, and are subject to strict requirements to keep the information confidential. After a transaction, your payment card information will not be stored on our servers.
We will take reasonable and appropriate precautions to protect all Personal Information from loss, misuse, unauthorized access, disclosure, alteration and destruction. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have a security related concern, please contact privacy@Encore2K.com
Choice and Consent
It is always your choice whether or not to provide us with Personal Information and other information that we collect.  If you do provide Personal Information to the Site, you are giving your express and unambiguous consent to the collection and processing of your Personal Information as described in this Privacy Policy.  If you choose not to provide the requested information you may not be able to access certain features on our Site, or App, place orders, or request information. You may access, change, modify or delete your information as described below.

We do not disclose your Personal Information to third parties for direct marketing purposes.  Encore2K, LLC will use Personal Information only in ways that are consistent with the purposes for which it was collected or subsequently authorized by you and we will take reasonable steps to ensure that Personal Information is relevant to its intended use, accurate, complete and current.   You may also opt out in the event we use your Personal Information for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you.

You may revoke your consent, and/or object to or block processing of your Personal Information by emailing a request to us at privacy@Encore2K.com.  We will respond to your request in accordance with the law that applies to you. Your Personal Information which we processed prior to your request may not be deleted from our Site or App system records but will be blocked from further processing without your permission.

Onward Transfer/Disclosure of Data
We do not disclose your Personal Information to any third party for any commercial or marketing purpose unrelated to the operation of our website, conducting our business, or servicing you. If we transfer Personal Information onward to third-parties who are acting as our agent or service provider, they are contractually obligated to maintain the confidentiality of your Personal Information consistent with the terms of this Privacy Policy and provide at least the same level of protection as required by the Privacy Shield Principles, as well as comply with applicable data protection laws.

We will notify you by email, in accordance with local laws, as well as any choices you may have regarding your Personal Information, if the following occurs:
Valid legal requests: We will disclose your information in response to valid legal process, for example, in response to a court order, a subpoena or other legal request for information, and/or to comply with applicable legal and regulatory reporting requirements.  We also may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or to verify or enforce compliance with the policies governing our products and/or services and with applicable laws, or as otherwise required or permitted by law or consistent with legal requirements. Encore2K, LLC is required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Acquisition or merger: In addition, we may transfer your information to an entity or individual that acquires, buys, or merges with Encore2K, LLC, or our other business units.

International or Cross-Border Transfer of Your Personal Information and Your Express Agreement
Given that the Internet operates in a global environment and that transfer of your data is necessary to provide you with requested services, process orders, provide updates, and respond to your inquiries, using the Internet to collect and process Personal Information necessarily involves the transmission of data on an international, or cross-border, basis.  By providing Personal Information and/or by communicating with us by email, you acknowledge and expressly consent to our processing and disclosure of your Personal Information in this way.  The Personal Information of users who are located outside the U.S. may be transferred outside of each eligible country to the U.S., where our servers are located and where it will be processed and stored on servers in the U.S.   We also store information in the cloud, as described in this Privacy Policy.   Although the Privacy Shield Principles have been recognized as adequate, the U.S. and other locations where information may be stored in the cloud, have not been recognized as providing an adequate level of protection according to EU and Swiss data protection requirements, but we will take all steps reasonably necessary to ensure that users’ Personal Information is treated securely in respect of such transfer and as described in this Privacy Policy and in accordance with the Principles.  By accessing the Site and/or App, providing Personal Information or sending us email, you expressly and unambiguously agree to such transfer, processing, storage and disclosure in the U.S.

Your California Privacy Rights; California Do Not Track Disclosures
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to privacy@Encore2K.com. Please note that we do not disclose Personal Information to third parties for direct marketing purposes. In addition, we currently do not honor Do Not Track signals.

Accessing Your Information
For Non-EU and Non-Swiss Users
You may at any time review or change your Personal Information by contacting us in writing at: privacy@Encore2K.com. If requested, your Personal Information will be corrected, deactivated or deleted as soon as practicable and in accordance with applicable law.

For EU-Users and Swiss-Users
Users and Swiss Users may access their Personal Information that we hold in order to correct, amend or delete information that is inaccurate or has been processed in violation of the Privacy Shield Principles. We may charge a fee to provide this information. A user may submit an access request in writing to: privacy@Encore2K.com.

Your Rights
Review and editing your information
A user may submit an inquiry requesting access to his/her Personal Information in writing to: privacy@Encore2K.com. Any change or update request will be handled by Encore2K, LLC manually.

Retention and Deletion of your information
Encore2K, LLC retains your information while your account remains active or, until you ask us to delete your information or your account. Unless we are otherwise required to by any applicable law, Encore2K, LLC deletes or anonymizes all user Personal Information upon the user’s request.

Please note that deleting your Personal information will result in our deleting your account and will render some or all of our services useless. As described above, we use your Personal Information to authenticate your access to the App and operational information without which your Product will not function.

If you still wish for us to delete all your Personal Information kindly email us privacy@Encore2K.com and communicate the same.

Dispute Resolution for Complaints
In compliance with the Privacy Shield Principles, Encore2K, LLC commits to resolving complaints about your privacy and our collection, use or onward transfer of your Personal Information. Users with a complaint about our Privacy Policy should first contact Encore2K, LLC at info@Encore2K.com for resolution.

Encore2K, LLC has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent recourse mechanism. If EU Users or Swiss Users do not receive a response to a complaint within 45 days, or if you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

When these other dispute resolution mechanisms are exhausted, EU Users and Swiss Users may seek redress from the Privacy Shield Panel, a binding arbitration mechanism, available under EU-US and Swiss-US Privacy Shield Frameworks (https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint).
 
Contact Us
If there are any questions or complaints regarding this Privacy Policy, or if you wish to access your Personal Information, you may contact us using the information below:
Encore2K,LLC
519 College Avenue #1603
Clemson, SC  29633 USA
privacy@Encore2K.com

Terms of Service
Please also visit our Terms of Service section establishing the use, disclaimers, and limitations of liability governing the use of our websites at Encore2K, LLC.