1. Data Collected by Company.
a.When you utilize the Website or Service, Company may collect personally identifiable information that you provide to Company, such as your name, address, phone number, email addresses, photo or nickname. Company will ask you to create a password for your user account.
b.With your permission, Company may also access other profile and personal information from third-party websites. Such information may include passwords, usernames, profile pictures, and other such data that you have posted on third-party sites and Websites.
c.The contents of any entry that you post directly to the Website, or applicable third-party websites, including any text, images, photos, videos and audio, are stored and maintained on Company's servers in order to publish these items and provide the Websites. Your submitted content will be associated with your account.
d.Company's systems may also associate personal information with your activities in the course of providing the Website or furnishing the Service to you.
e.When you send email or other communication to Company, Company may retain those communications in order to process your inquiries, respond to your requests and improve Company's Websites.
f.Company uses certain user information to better understand how visitors use Company's website. This information is commonly made available by web browsers and servers, and may include data about browser type, language preference, referring site, and the date and time of each visitor request.
2. Company's Use of Data.
a.Company maintains and processes your personal information in order to provide your account and access.
b.Company uses your name and email address to notify you of updates that you have selected in "Settings", as well as other information.
c.Personal information will be used to allow you to share posts through a share button, but will not be saved or stored by Company.
d.Company stores passwords for third-party websites if it is required by that website to display the information on Companys Website. Company does this in order to provide Company's Website or Service to you. Company does not store passwords for third-party sites when you provide them as part of contact information retrieval
e.Company may also process personal information for: (1) fulfilling purchases; (2) sending you information related to your account or other websites; (3) auditing, research and analysis in order to maintains, protects and improves Companys Website; (4) ensuring the technical functioning of Companys network; and (5) developing new websites.
f.To operate the Website or furnishing the Service, Company may make identifiable and anonymous information available to third parties in these limited circumstances: (1) with your express consent, (2) when Company have a good faith belief it is required by law, (3) when Company have a good faith belief it is necessary to protect Companys rights or property, or (4) to any successor or purchaser in a merger, acquisition, liquidation, dissolution or sale of assets. Your consent will not be required for disclosure in these cases, but Company will attempt to notify you, to the extent permitted by law to do so.
3. Sharing of Data with Trusted Partners. Unless indicated otherwise in an applicable user accounts "Settings", the information Company collects, as described above, may be shared with trusted partners in order to provide you with relevant advertising, offers or Websites. You can control whether Company share personal data with partners in your user accounts “Settings”. California residents are legally entitled (at no charge and no more than once annually) to request information about how Company may have shared your information with others for direct marketing purposes. Should you desire such information, please contact us at email@example.com.
4. Unaffiliated Third Parties. Despite Company's policy against the sale or use of personal information without user consent, users should be aware that what they share on the Website or through the Service may be discovered by third parties without the involvement of Company, including, without limitation, search engine crawlers and bots. Users should always take that into consideration whenever they share anything.
5. Unauthorized Minors. Company does not knowingly collect personal information from individuals under the age of 18. If you believe Company has inadvertently collected such information, please contact us at firstname.lastname@example.org so Company can promptly obtain parental consent or remove the information.
6. Security. Information collected by Company may be stored or processed on computers located in any country where Company does business. Company takes reasonable steps to secure your personally identifiable information against the unauthorized access, alteration, disclosure or destruction of data. Company encrypts transmission of data on pages where you provide payment information. However, no security or encryption method can be guaranteed to protect information from unauthorized access, hackers or human error.
7. Access to Data; Account Deletion. Company will remove personally identifiable information (such as your name, address, email or phone number) and other preferences associated with your account promptly after you delete your account. Company may retain other data indefinitely. Company takes reasonable steps to ensure that the personal information Company processes is accurate, complete, and current, but also depends on Company's users to update or correct their personal information whenever necessary.
c. Amendments. Company reserves the right, in Company’s sole and absolute discretion, to make modifications to these Terms of Service from time to time. Any such modifications will be made by updating and posting a new version on the Website or otherwise through the Service and notifying you of the revised Terms of Service. In the event that Company makes changes to these Terms of Service, Company will provide you with the opportunity to review and approve the terms prior to your continued use of the Website and Service. Should any modification be unacceptable to you, your sole recourse is to discontinue use of the Website and Service.
d. Binding Effect. The provisions of these Terms of Service are solely for the benefit of the parties hereto and not for the benefit of any third parties, except that Company shall have the right to assign these Terms of Service and/or any of the rights herein and these Terms of Service shall be binding upon and inure to the benefit of the Company’s assignee(s) hereto and their respective successors, assigns and legal representatives.
e. Waiver. No failure by either party to pursue any remedy resulting from a breach of any provision of these Terms of Service by the other party shall be construed as a waiver of that breach or as a waiver of any subsequent or other breach unless such waiver is in writing and signed by an authorized representative of the non-breaching party.
i. personally delivered;
ii. transmitted by United States postage prepaid mail, registered or certified mail, return receipt requested;
iii. transmitted by reputable overnight courier service, such as Federal Express or UPS;
iv. transmitted by legible facsimile, with confirmation of receipt; or
v. transmitted by electronic mail, with confirmation of receipt.
i. references to the plural include the singular, the singular the plural, and the part the whole;
ii. references to one gender include all genders and the neuter form;
iii. “or” has the inclusive meaning frequently identified with the phrase “and/or”;
iv. “including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation”;
v. references to “hereunder,” “herein” or “hereof” relate to this Agreement as a whole;
vi. any reference in this Agreement to any statute, rule, regulation or agreement, including this Agreement, shall be deemed to include such statute, rule, regulation or agreement as the same may have been, or may from time to time be, amended, restated, revised, modified, supplemented, reenacted or succeeded.
h. Choice of Law; Venue; Jury Trial Waiver; Costs of Enforcement. The Parties expressly agree that all the terms and provisions hereof shall be construed under federal copyright, trademark and other intellectual property laws, rules and regulations (as applicable), together with the internal laws of Washington, DC without regard such state’s conflict of laws or choice of law rules and principles. Each of the Parties hereby irrevocably consents that any action or proceeding relating to this Agreement shall be brought, at the option of the party instituting the action or proceeding, in any state or federal court of general jurisdiction in Washington, DC. Each of the parties waives any objection that it may have to the conduct of any action or proceeding in any such court based on improper venue or forum non conveniens, waives personal service of any and all process upon it, and consents that all service of process may be made by mail or courier service directed to it at the address set forth herein and that service so made shall be deemed to be completed upon the earlier of actual receipt or five (5) days after the same shall have been posted. Nothing contained in this Section 8(h) shall affect the right of any Party hereto to serve legal process in any other manner permitted by law. In any action or proceeding commenced in connection with this Agreement each Party hereby expressly and IRREVOCABLY WAIVES THE RIGHT TO TRIAL BY JURY. The prevailing party in any action to enforce this Agreement shall be entitled to recover costs and expenses including, without limitation, attorneys' fees.