Terms of Use

Effective Date: October 20, 2021

Introduction

Welcome to www.tonyfadell.com (the “Site”). This Site is owned and operated by Not Shakespeare LLC and its affiliates (collectively, “Not Shakespeare”).

Please read these Terms of Use and our Privacy Policy , which governs our data collection and use of personal information, is incorporated into and is a part of this Terms of Use by this reference, before using our Site. By using our Site, you accept and agree to be bound by the terms and conditions set forth herein, which govern your use of the Site and our privacy practices.

Electronic Communications

When you use the Site, you may be communicating with us electronically.

You consent to receive communications from us electronically, such as emails, newsletters, texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

Intellectual Property of Not Shakespeare

All content included in or made available through the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Not Shakespeare or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the Site is the exclusive property of Not Shakespeare and protected by U.S. and international copyright laws.

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks or trade dress of Not Shakespeare. Not Shakespeare’s trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Not Shakespeare. All other trademarks not owned by 

Not Shakespeare that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Not Shakespeare.

Limited License

Subject to your compliance with these Terms of Use, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of this Site. This license does not include any resale or commercial use of any content, service, or product available on the Site; any collection and use of any product or service listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Not Shakespeare or its licensors, subcontractors, or other content providers. The Site, or any part of it, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Not Shakespeare.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Not Shakespeare without express written consent. You may not use any meta tags or any other “hidden text” utilizing Not Shakespeare’s name or trademarks without the express written consent of Not Shakespeare. You may not misuse the Site. You may use the Site only as permitted by law.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.

Adult Content

This Site is not directed to children and we will not knowingly collect personally identifiable information from children under 13. Please refer to our Privacy Policy for more information. 

Links to Other Websites

In our sole discretion we may provide links to third-party content and websites, including but not limited to links for the convenience of purchasing books. When you click on a link, you could be directed to a site beyond our control and may have different terms of use and privacy policy notices which you should review carefully. You acknowledge that we are not responsible for any content or services of any such third party, their policies, the content of their sites, their information collection practices, or their advertisements or endorsements. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third-party site.

Intellectual Property Complaints

Not Shakespeare respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Not Shakespeare’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: legal@notshakespeare.com or by mail to the following address:

Not Shakespeare LLC

c/o Lyons & Salky Law, LLP

1216 Broadway, Suite 414

New York, New York 10001

Disclaimer of Warranties and Limitation of Liability

The Site and all information, content, materials, products, and services included on or otherwise made available to you through the Site are provided by Not Shakespeare on an “as is” and “as available” basis, unless otherwise specified in writing. Not Shakespeare makes no representations or warranties of any kind, express or implied, as to the operation of the Site, or the information, content, materials, products, or services included on or otherwise made available to you through the Site, unless otherwise specified in writing. You expressly agree that your use of the Site is at your sole risk.

To the full extent permissible by law, Not Shakespeare disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Not Shakespeare does not warrant that the Site, information, content, materials, products, or services included on or otherwise made available to you through the Site or electronic communications sent from Not Shakespeare are free of viruses or other harmful components.

To the full extent permissible by law, Not Shakespeare will not be liable for any damages of any kind arising from the use of the Site, or from any information, content, materials, products, or services included on or otherwise made available to you through the Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Indemnity 

You shall indemnify and hold Not Shakespeare and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of any content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

Applicable Law and Disputes

You agree that any controversy or claim arising out of or relating to this Terms of Use shall be submitted to final and binding arbitration to be held in New York City, New York, before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association and its Expedited Procedures (except where those rules conflict with this provision, in which case this provision controls). The arbitrator shall be a practicing attorney with at least ten (10) years’ experience in the publishing industry and shall be selected by mutual agreement of the parties or, if the parties cannot agree, then the arbitrator shall be selected by the American Arbitration Association. The proceedings relating to the arbitration, the submissions, pleadings, documents and information provided by the parties in connection with such arbitration, and the findings and decision of the arbitrator, shall be kept confidential, except to the extent necessary to enforce the arbitrator’s decision, and shall be governed by New York law, except that the Federal Arbitration Act shall apply in regard to interpretation and enforcement of this arbitration.  Any court with jurisdiction may enforce this clause and enter judgment on any award. 

Notices and Revisions

As our business changes and evolves, our Terms of Use may change. You acknowledge that any such changes are at the sole discretion of Not Shakespeare. You should check this Site frequently to see recent changes and updates. Your continued use of this Site after such changes constitutes your acknowledgement and agreement to such changes.

Miscellaneous

Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.

If any provision of these Terms of Use and Privacy Policy is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms of Use constitute the entire agreement between you and us regarding the Site and supersedes any prior or contemporaneous agreement regarding that subject matter.

Contacting Us

If you have any questions or suggestions with respect to this Terms of Use, please email us at: info@notshakespeare.com. While Not Shakespeare will attempt to answer every customer service message it receives, we cannot guarantee a response. 

Copyright © Not Shakespeare LLC 2021. All Rights Reserved

Privacy Policy

Introduction

This Privacy Policy describes how Not Shakespeare LLC and its affiliates (collectively, “Not Shakespeare”) collect, use, and share your personal information when you visit www.tonyfadell.com (the “Site”). 

By continuing to use this Site, or otherwise supplying us with any personally identifying information, you are agreeing to the terms of this Privacy Policy, including, without limitation, the way we use your personal information.

If you do not agree with this Privacy Policy, you must stop using this Site, effective immediately.

Collection of Your Information

What Personal Information Does Not Shakespeare Collect?

Not Shakespeare collects personal information that you voluntarily enter on this Site.  

Examples of personal information you may supply to us include:

  • identifying information such as your name, e-mail and postal address, and phone number;
  • payment information such as your credit card number and billing address;
  • your age;
  • your location information;
  • your internet protocol (“IP”) address used to connect your computer to the internet; and
  • content of e-mails to us.

Automatic Information

We also automatically collect and store certain types of information about your use of our Site, including information about your interaction with content and services available through Not Shakespeare.

Examples of automatic information we may collect include:

  • the IP address used to connect your computer to the internet;
  • the location of your device or computer;
  • browser type and version;
  • operating system;
  • version and time zone settings; and
  • the full Uniform Resource Locator (“URL”) clickstream to, through, and from our Site, including date and time; products and content you viewed or searched for; page response times, download errors, length of visits to certain pages, and page interaction information (such as scrolling, clicks, and mouse-overs).

Use of Cookies and Pixels

Like many websites, when you visit our Site, we may send a cookie or gif file (“Cookie”) to assign an anonymous, unique identifier to the applicable end-user’s Internet browser. To be clear, a Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience with our products and services.

When you visit a website, that website’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other websites.

By using our Site you consent to our use of such cookies and other such unique identifiers in accordance with this Privacy Policy. We reserve the right to retain Cookie data indefinitely.

We use cookies to personalize your experience on our Site, collect aggregate data about how our Site is used by users, control the display of advertisements, and improve the performance of our Site in order to provide you with a better user experience.

We reserve the right to use cookies and their technological equivalents, including social media pixels. These pixels allow social media websites and apps to track visitors to outside websites so as to tailor advertise messages users see while visiting that social media website or app. Not Shakespeare reserves the right to use these pixels in compliance with the policies of the various social media sites.

You may block our use of cookies through the settings on your web browser. However, in order to use the services offered on our Site your web browser must accept cookies. If you choose to block the use of cookies from our Site, certain aspects of the Site may not work properly and you may not be able to access or use all of the features and services we provide.

Please be advised that the use of technology on the Internet, including Cookies, is rapidly developing. Accordingly, we strongly encourage you to revisit this Terms of Use for any updates regarding our implementation and use of any such new technological developments. 

Additionally, to find out more about Cookies, please visit www.cookiecentral.com. To disable and reject certain Cookies, please follow the instructions associated with your Internet browser.

How Does Not Shakespeare Use Personal Information

We use information you provide to us to facilitate access to Not Shakespeare’s product; to provide you with personalized offers, promotions, and information; to improve our performance and fix any errors; to prevent and detect fraud and abuse, and to comply with our legal obligations.

As a visitor to the Site, you can engage in most activities without providing personal information. It is only when you sign up for updates or access products or services from Not Shakespeare that you are required to enter personal information. 

Does Not Shakespeare Share Personal Information?

Your personal information is important to us and our business, and so we do not share it with third parties, except as follows: 

We may disclose personal information to third-party service providers (“Third-Party Providers”) who perform certain functions on our behalf. Examples include providing marketing assistance, transmitting content, assistance in processing and collecting payments, and providing customer service. These Third-Party Providers have access to personal information needed to perform their functions, but may not use it for other purposes. 

We may disclose your personal information to a third party, including a lawyer, when necessary to enforce our Terms of Use or any other agreement between you and Not Shakespeare.

We may disclose your personal information when we believe such disclosure is appropriate or necessary to comply with the law, or to protect the rights and safety of Not Shakespeare or our users (“Other Third Parties When Required by Law”).

How is Personal Information Stored?

The security of your personal information is important to us. We use reasonable and appropriate measure to protect this information from loss, misuse, and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing undertaken and the nature of the personal information we collect.

We will keep your personal data for as long as we need it, or as otherwise prescribed by law, for the purposes set out above. This period will vary depending on your interactions with us. We may also keep a record of correspondence with you (for example, if you have made a complaint about a product or service) for as long as is necessary to protect us from a legal claim.

You may unsubscribe from any of our online e-mail updates and marketing by following the unsubscribe instructions in the body of any e-mail message we have sent to you. We will take commercially reasonable steps to implement your unsubscribe requests promptly, but you may still receive promotional information form from us by postal mail for up to 60 days, and up to 10 days for e-mail. You may also continue to receive information from those third parties to whom we have previously disclosed your personal information.

Links to Third-Party Sites

Our Site may include advertising and links to third party websites. We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Site. If you follow a link to third-party websites, please note that these websites are not covered by this Privacy Policy. We are not responsible for the privacy practices of any third parties or the content of linked sites although we do encourage you to read the applicable privacy policies and terms and conditions of such parties or websites.

Protecting Children’s Privacy

We are strongly committed to protecting the safety and privacy of children who visit our Site. Our Site is not designed nor is it intended to be used by children under 13, and we do not knowingly collect personal information online from children under 13 and have adopted techniques to ensure compliance with this Privacy Policy and the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Our Site includes content that we believe to be unsuitable for children under 13, and we encourage all parents and legal guardians to talk to their children about online safety and to monitor their children’s use of the Internet.

What Information Not Shakespeare Collects and How We Use It

We do not require children to share any Personal Information in order to participate on this Site.  On occasion, however, we may collect Personal Information, such as an email address from a child as part of an activity, in accordance with COPPA.  For example, we may collect a child’s email address in order to respond to a one-time request from the child, such as if the child asks us a question.  In such case, we promptly delete the child’s email address from our system once we have responded, and we do not use the child’s email address for any other purpose. 

We may also collect Personal Information automatically from your child’s computer or device, such as the frequency with which the child visits our Site and the pages visited, to support the internal operations of the Site.  We collect this information so we can understand and monitor usage of the Site, customize content on the Site, and improve the performance of the Site. This information is collected using technologies such as cookies, web beacons, and similar technologies.  This information is not used to behaviorally target children.

Special Circumstances for Information Sharing and Security 

We may share children’s personal information with “Third Party Service Providers ” and “Other Third Parties When Required by Law ” as disclosed above (see “Does Not Shakespeare Share Personal Information?” above). 

Parent’s Rights  

Under COPPA, you have the right to review and have any of your child’s information deleted from our records.  You also have the right to tell us to stop collecting or using your child’s personal information. If you have questions concerning our information practices with respect to children, or if you would like to review, have deleted, or stop the further collection of your child’s personal information in connection with the transaction for which it was originally collected, you may email us at info@notshakespeare.com. For tips on protecting your child’s privacy online, please see the U.S. Federal Trade Commission’s brochure on this topic: www.onguardonline.gov. 

General Data Protection Regulation (GDPR)

If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation (GDPR).

Purpose and Legal Basis for Processing Your Personal Information

The purpose and legal basis for processing your Personal Information will typically be one of the following:

  • our own legitimate business interests, provided they don’t outweigh your rights or freedoms;
  • the performance of a contract that we have in place with you;
  • your consent where appropriate; or
  • compliance with our legal obligations, including to meet national security or law enforcement requirements.

We may disclose your personal information to third parties as described in this Privacy Policy; however, we do not share your personal information with third parties for them to market their products or services.

We do not knowingly collect personal information from children under the age of 16.

Data Retention

We will retain any information you choose to provide to us until the earliest of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) our decision that the value in retaining the information is outweighed by the costs of retaining it.

International Transfer

Not Shakespeare is based in the United States. Your personal information may be processed or stored in the United States and other countries which may not have equivalent privacy or data protection laws. By using our Site you knowingly consent to these transfers.

Your Rights

You have the right to request access to your data that Not Shakespeare stores and the rights to either rectify or erase your personal data.

You have the right to seek restrictions on the processing of your data.

You have the right to object to the processing of your data and the right to the portability of your data.

To the extent that you provided consent to Not Shakespeare’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.

To exercise these rights please e-mail us at info@notshakespeare.com.You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.

California Consumer Privacy Act (CCPA)

If you are a California consumer, you are entitled to certain information and have certain rights under the California Consumer Privacy Act (CCPA).

Pursuant to the CCPA, we are providing the following additional details regarding the categories of personal information about California residents that we have collected or disclosed within the preceding 12 months.

(1) We collected the following categories of personal information:

  • personal information and online identifiers, as defined in the California customer records law, such as name, contact information, and financial information;
  • protected classifications under California or federal law, such as sex, age, and race;
  • identifying information such as your name, e-mail and postal address, and phone number;
  • payment information such as your credit card number and billing address;
  • the IP address used to connect your computer to the internet;
  • the location of your device or computer;
  • computer type (Windows or Mac);
  • language;
  • browser type and version;
  • operating system;
  • version and time zone settings; and
  • the full Uniform Resource Locator (“URL”) clickstream to, through, and from our Site, including date and time; products and content you viewed or searched for; page response times, download errors, length of visits to certain pages, and page interaction information (such as scrolling, clicks, and mouse-overs).

We may use this personal information to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives, including, for example, using personal information to: develop, improve, repair, and maintain our products and services; personalize, advertise, and market our products and services; conduct research, analytics, and data analysis; maintain our facilities and infrastructure; undertake quality and safety assurance measures; conduct risk and security control and monitoring; detect and prevent fraud; perform identity verification; perform accounting, audit, and other internal functions, such as internal investigations; comply with law, legal process, and internal policies; maintain records; and exercise and defend legal claims.

(2) We may disclose the following personal information to third-parties for our operational business purposes:

  • the e-mail addresses you enter on our Site;
  • identifying information such as your name, postal address, and phone number;
  • payment information such as your credit card number and billing address;
  • your age.;
  • the IP address used to connect your computer to the internet;
  • the location of your device or computer;
  • browser type and version;
  • operating system;
  • version and time zone settings; and
  • the full Uniform Resource Locator (“URL”) clickstream to, through, and from our Site, including date and time; products and content you viewed or searched for; page response times, download errors, length of visits to certain pages, and page interaction information (such as scrolling, clicks, and mouse-overs).

We share personal information with our service providers for services such as website design and hosting, data analysis, information technology and related infrastructure provision, customer service, research survey/interview/focus group management and analysis, marketing, and auditing.

If you are a California resident, you have the right to request that Not Shakespeare disclose what personal information it has collected, used, disclosed, and sold over the 12-month period preceding the Not Shakespeare’s receipt of such a request. To exercise this right, please e-mail us at info@notshakespeare.com.

You have the right to request the deletion of your personal information collected or maintained by the Not Shakespeare. To exercise this right, please email us at info@notshakespeare.com.

You shall not be discriminated against because the consumer exercised any of the consumer’s rights under the CCPA.

California Consumer Rights 

In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at (916) 445-1254 or toll free at 1-800-952-5210; or by e-mail to dca@dca.ca.org.

For more information about protecting your privacy, you may wish to visit: www.ftc.gov.

Conditions of Use, Notices, and Revisions

If you choose to use our Site, your use and any dispute over privacy are subject to this Privacy Policy and our Terms of Use including limitations on damages, resolution of disputes, and application of the law of the state of New York. If you have any concern about privacy practices at Not Shakespeare, please contact us at info@notshakespeare.com with a thorough description, and we will try to resolve it.

As our business changes and evolves, our Privacy Policy may change also. You should check this Site frequently to see recent changes, which shall be effective upon their posting. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.

Reviewing, Correcting, or Deleting Your Information 

If you would like to know if we have any of your personal information in our database, would like to review, correct or delete any such personal information that we have collected from you, or if you no longer wish to continue your service with us, please e-mail us at info@notshakespeare.com.

Please note that in order to protect your privacy and security we will take reasonable steps to help verify your identity before granting any access for purposes of review, making corrections or deletions.

Applicable Law and Disputes

You agree that any controversy or claim arising out of or relating to this Privacy Policy shall be submitted to final and binding arbitration to be held in New York City, New York, before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association and its Expedited Procedures (except where those rules conflict with this provision, in which case this provision controls). The arbitrator shall be a practicing attorney with at least ten (10) years’ experience in the publishing industry and shall be selected by mutual agreement of the parties or, if the parties cannot agree, then the arbitrator shall be selected by the American Arbitration Association. The proceedings relating to the arbitration, the submissions, pleadings, documents and information provided by the parties in connection with such arbitration, and the findings and decision of the arbitrator, shall be kept confidential, except to the extent necessary to enforce the arbitrator’s decision, and shall be governed by New York law, except that the Federal Arbitration Act shall apply in regard to interpretation and enforcement of this arbitration.  Any court with jurisdiction may enforce this clause and enter judgment on any award. 

Contacting Us

This Site is owned and operated by Not Shakespeare LLC. If you have any questions or suggestions with respect to this Privacy Policy or our privacy practices, please e-mail us at info@notshakespeare.com.