TERMS OF USE
				
Privowny, Inc. ("Privowny" or "we" or "us") 
welcomes you to www.privowny.com ("Site") 
and the PrivownyGrapes Add-On 
("PrivownyGrapes",and together with 
the Site collectively referred to herein 
as the "Service").

Privowny provides services that allow you to 
collect,track and manage your personal data.  
We provide these services through a combination 
of software that you install and features 
that you access through our Site.  
We ask that you read these Terms of Use 
(the "Terms"), because, by using this Service, 
you agree to comply with and be legally 
bound by these Terms. If you do not agree 
to these Terms, please do not use the Service. 
We may change these Terms at any time and 
our changes are effective when posted on 
this page. If we make material changes to 
the Terms, we will post a message on our 
blog detailing those changes. 
What constitutes a "material change" 
will be determined at our sole discretion, 
in good faith and using reasonable judgment. 
By continuing to use the Service, you agree 
to be legally bound by the new Terms.

1. Using the Service

The Service is made available for your personal, 
non-commercial use. "Personal, non-commercial use" 
includes installing PrivownyGrapes on your 
computer. It does not include reselling or 
repurposing any Privowny product or service. 
If you are unclear about whether your use 
is acceptable under these terms, please 
contact us at support@privowny.com.
We are pleased to make the Service available to 
you, but we reserve the right to terminate 
or suspend the Service (or your use of 
the Service) at any time without notice 
and without liability in our sole discretion. 
Upon termination, you continue to be bound 
by these Terms. You may use the Service to 
help you collect, track and manage your 
personal data, but you are solely responsible 
for the personal data that is collected.  
You are also solely responsible for your 
use of the Service, including managing such 
use on any shared computers.  
Additionally, you are solely responsible 
for deactivating PrivownyGrapes when you 
do not want data collected. 
You agree NOT to engage in the following 
prohibited activities: 
(i) copying, distributing, or disclosing 
any part of the Service in any medium, 
including without limitation by any 
automated or non-automated "scraping"; 
(ii) using any automated system, 
including without limitation "robots", 
"spiders", "offline readers", etc., 
to access the Service in a manner that 
sends more request messages to the Privowny 
servers than a human can reasonably produce 
in the same period of time by using a 
conventional on-line web browser 
(except that Privowny grants the operators 
of public search engines revocable 
permission to use spiders to copy materials 
from privowny.com for the sole purpose 
of and solely to the extent necessary for 
creating publicly available searchable 
indices of the materials, but not caches 
or archives of such materials); 
(iii) transmitting spam, chain letters,
or other unsolicited email; 
(iv) attempting to interfere with, 
compromise the system integrity or security 
or decipher any transmissions to or from 
the servers running the Service; 
(v) taking any action that imposes, 
or may impose at our sole discretion 
an unreasonable or disproportionately 
large load on our infrastructure; 
(vi) uploading viruses, worms, or other 
software agents through the Service; 
(vii) collecting or harvesting any personally 
identifiable information, including account 
names, from the Service; 
(viii) using the Service for any commercial 
solicitation purposes; 
(ix) impersonating another person or otherwise 
misrepresenting your affiliation with a 
person or entity or conducting fraud; 
(x) interfering with the proper working 
of the Service; 
(xi) accessing any content on the Service 
through any technology or means other 
than those provided or authorized by the Service; 
or (xii) bypassing the measures we may use 
to prevent or restrict access to the Service, 
including without limitation features that 
prevent or restrict use or copying of any 
content or enforce limitations on use of 
the Service or the content therein. 
All aspects of the Service are subject to 
change or elimination at Privowny's sole 
discretion. Privowny reserves the right to 
interrupt the Service with or without prior 
notice. You agree that Privowny will not
be liable to you for any interruption 
of the Service, delay or failure to perform.
You are solely responsible for your interactions 
with other Privowny Users. We reserve the right, 
but have no obligation, to monitor disputes 
between you and other Users. Privowny shall 
have no liability for your interactions 
with other Users, or for any User's action or 
inaction.

2.	Privacy   

All your personal data collected is your data.  
We do not sell, rent or disclose data 
about you.  
You choose what you want to share, when you 
want to share and with whom you want to share.  
Please read our Privacy Policy for 
more detailed information. 

3.  Software License

Privowny grants you a non-transferable, 
non-exclusive, non-sublicensable, 
royalty-free and fully paid, worldwide 
right and license to reproduce (solely 
to install and execute) PrivownyGrapes, 
in the form provided only, for your 
personal, non-commercial use only, 
subject to the terms and conditions of 
these Terms. You are permitted to download 
PrivownyGrapes on as many computers 
and as many times as you like, 
provided that you agree to these 
Terms each time you download or 
install PrivownyGrapes.

4.  Intellectual Property

Our trademarks include Privowny, 
the Privowny logo and design, 
PrivownySphere, and PrivownyGrapes. 
They may not be used without 
our express written permission. 
We reserve title and our other 
rights in these trademarks and 
in our other intellectual property 
available on the Site and in PrivownyGrapes.

5.  User Content

Some areas of the Service may allow Users 
to post feedback, comments, questions, 
reviews, and other information ("User Content"). 
You are solely responsible for your User 
Content that you upload, publish, display, 
link to or otherwise make available 
(hereinafter, "post") on the Service, 
and you agree that we are only acting 
as a passive conduit for the online 
distribution and publication of your 
User Content. You understand that whether 
or not such User Content is published, 
Privowny does not guarantee any 
confidentiality with respect to any User Content.
You agree not to post User Content that: 
(i) may create a risk of harm, 
loss, physical or mental injury, 
emotional distress, death, disability, 
disfigurement, or physical or mental 
illness to you, to any other person, 
or to any animal; 
(ii) may create a risk of any other 
loss or damage to any person or property; 
(iii) seeks to harm or exploit children 
by exposing them to inappropriate content, 
asking for personally identifiable 
details or otherwise; 
(iv) may constitute or contribute to a 
crime or tort; 
(v) contains any information or content 
that we deem to be unlawful, harmful, abusive, 
racially or ethnically offensive, 
defamatory, infringing, invasive of personal 
privacy or publicity rights, harassing, 
humiliating to other people 
(publicly or otherwise), libelous, 
threatening, profane, or otherwise 
objectionable; 
(vi) contains any information or 
content that is illegal (including, without 
limitation, the disclosure of insider information 
under securities law or of another party's 
trade secrets); 
(vii) contains any information or content 
that you do not have a right to make available 
under any law or under contractual or fiduciary 
relationships; or (viii) contains any 
information or content that you know is 
not correct and current. 
You agree that any User Content that you post 
does not and will not violate third-party 
rights of any kind, including without limitation 
any Intellectual Property Rights 
(as defined below), rights of publicity 
and privacy. Privowny reserves the right, 
but is not obligated, to reject and/or 
remove any User Content that Privowny believes, 
in its sole discretion, violates these 
provisions. You understand that publishing 
your User Content on the Service is 
not a substitute for registering it 
with the U.S. Copyright Office, 
the Writer's Guild of America, 
or any other rights organization.
For the purposes of these Terms, 
"Intellectual Property Rights" means all 
patent rights, copyright rights, 
mask work rights, moral rights, rights 
of publicity, trademark, trade dress and 
service mark rights, goodwill, trade secret 
rights and other intellectual property rights 
as may now exist or hereafter come into 
existence, and all applications therefore 
and registrations, renewals and extensions 
thereof, under the laws of any state, 
country, territory or other jurisdiction.
Privowny takes no responsibility and assumes 
no liability for any User Content that 
you or any other User or third party 
posts on the Service. You understand 
and agree that any loss or damage of any kind 
that occurs as a result of the use of any User 
Content that you post is solely your 
responsibility. Privowny is not responsible 
for any public display or misuse of 
your User Content. You understand and acknowledge 
that you may be exposed to User Content that is 
inaccurate, offensive, indecent, objectionable, 
or inappropriate for children, and you agree that 
Privowny shall not be liable for any damages you 
allege to incur as a result of such User Content.

6.  License Grant

You retain all your ownership rights in your 
User Content. By posting any User Content 
on the Service, you expressly grant, and you 
represent and warrant that you have a right 
to grant, to Privowny a royalty-free, 
sublicensable, transferable, perpetual, 
irrevocable, non-exclusive, worldwide license 
to use, reproduce, modify, publish, list 
information regarding, edit, translate, 
distribute, publicly perform, publicly display, 
and make derivative works of all such 
User Content and your name, voice, 
and/or likeness as contained in your 
User Content, in whole or in part, 
and in any form, media or technology, 
whether now known or hereafter developed, 
for use in connection with the Service 
and Privowny's (and its successors' and 
affiliates') business, including without 
limitation for promoting and redistributing 
part or all of the Service 
(and derivative works thereof) in any media 
formats and through any media channels. 
You also hereby grant each User of the 
Service a non-exclusive license to 
access your User Content through the Service, 
and to use, reproduce, distribute, display 
and perform such User Content as permitted 
through the functionality of the 
Service and under this Agreement.

7.  Additional Representations and Warranties

You shall be solely responsible for your own 
User Content and the consequences of posting 
or publishing it. In connection with your 
User Content, you affirm, represent and 
warrant, in addition to the other representations 
and warranties in this Agreement, the following: 
a. You are at least 18 years of age, or if you 
are under 18 years of age you are either 
an emancipated minor, or possess legal parental 
or guardian consent, and are fully able and 
competent to enter into the terms, 
conditions, obligations, affirmations, 
representations, and warranties set 
forth in these Terms, and to abide by and 
comply with these Terms.
b. You have the written consent of each 
and every identifiable natural person 
in the User Content to use such person's 
name or likeness in the manner contemplated by 
the Service and this Agreement, and each 
such person has released you from any 
liability that may arise in relation 
to such use.
c. Your User Content and Privowny's use 
thereof as contemplated by this Agreement 
and the Service will not infringe any rights 
of any third party, including but not limited 
to any Intellectual Property Rights, 
privacy rights and rights of publicity.
d. Privowny may exercise the rights to your 
User Content granted under this Agreement 
without liability for payment of 
any guild fees, residuals, payments, 
fees, or royalties payable under any 
collective bargaining agreement or 
otherwise.

8.  Our Proprietary Rights

Except for your own User Content, the Service 
and all materials therein or transferred 
thereby, including, without limitation,
software, images, text, graphics, 
illustrations, logos, patents, trademarks, 
service marks, copyrights, photographs, 
audio, videos, music, and 
User Content (the "Privowny Content"), 
and all Intellectual Property Rights related
thereto, are the exclusive property of 
Privowny and its licensors. Except as explicitly 
provided herein, nothing in these Terms shall 
be deemed to create a license in or under 
any such Intellectual Property Rights, and 
you agree not to sell, license, rent, modify, 
distribute, copy, reproduce, transmit, 
publicly display, publicly perform, publish, 
adapt, edit or create derivative works 
from any materials or content accessible on 
the Service. Use of the Privowny Content or 
materials on the Service for any purpose not 
expressly permitted by these Terms is 
strictly prohibited.
You may choose to or we may invite you to 
submit comments or ideas about the Service, 
including without limitation about how 
to improve the Service or our 
products ("Ideas"). By submitting any Idea, 
you agree that your disclosure is gratuitous, 
unsolicited and without restriction and will 
not place Privowny under any fiduciary or 
other obligation, and that we are free to use 
the Idea without any additional compensation 
to you, and/or to disclose the Idea on a 
non-confidential basis or otherwise to anyone. 
You further acknowledge that, by acceptance 
of your submission, Privowny does not 
waive any rights to use similar or related 
ideas previously known to Privowny, or developed 
by its employees, or obtained from sources 
other than you.

9.  Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, 
ALL CONTENT, FUNCTION, AND MATERIALS 
IS PROVIDED "AS IS," WITHOUT WARRANTY OF 
ANY KIND, EITHER EXPRESS OR IMPLIED, 
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY 
FOR INFORMATION, DATA, DATA PROCESSING 
SERVICES OR UNINTERRUPTED ACCESS, ANY 
WARRANTIES CONCERNING THE AVAILABILITY, 
ACCURACY, COMPLETENESS, USEFULNESS, 
OR CONTENT OF INFORMATION, AND ANY 
WARRANTIES OF TITLE, NON-INFRINGEMENT, 
MERCHANTABILITY OR FITNESS FOR A 
PARTICULAR PURPOSE.  PRIVOWNY DOES NOT 
WARRANT THAT THE SERVICE OR THE CONTENT 
WILL BE TIMELY, SECURE, UNINTERRUPTED 
OR ERROR FREE, OR THAT DEFECTS 
WILL BE CORRECTED.  
PRIVOWNY MAKES NO WARRANTY THAT THE 
SERVICE WILL MEET USERS' EXPECTATIONS 
OR REQUIREMENTS.  NO ADVICE, RESULTS 
OR INFORMATION, OR MATERIALS WHETHER 
ORAL OR WRITTEN, OBTAINED BY YOU THROUGH 
THE SERVICE SHALL CREATE ANY WARRANTY 
NOT EXPRESSLY MADE HEREIN.  
IF YOU ARE DISSATISFIED WITH THE SERVICE, 
YOUR SOLE REMEDY IS TO DISCONTINUE 
USING THE SERVICE.  

10.  Limitation of Liability; Indemnity

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE 
LAW, IN NO EVENT SHALL PRIVOWNY, ITS AFFILIATES, 
DIRECTORS, EMPLOYEES OR ITS LICENSORS 
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, 
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY 
DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES 
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR 
OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE 
USE OF, OR INABILITY TO USE, THIS SERVICE. 
UNDER NO CIRCUMSTANCES WILL PRIVOWNY BE 
RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY 
RESULTING FROM HACKING, TAMPERING OR OTHER 
UNAUTHORIZED ACCESS OR USE OF THE SERVICE 
OR YOUR ACCOUNT OR THE INFORMATION CONTAINED 
THEREIN. TO THE MAXIMUM EXTENT PERMITTED 
BY APPLICABLE LAW, PRIVOWNY ASSUMES NO LIABILITY 
OR RESPONSIBILITY FOR ANY (I) ERRORS, 
MISTAKES, OR INACCURACIES OF CONTENT; 
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY 
NATURE WHATSOEVER, RESULTING FROM YOUR 
ACCESS TO OR USE OF OUR SERVICE; 
(III) ANY UNAUTHORIZED ACCESS TO OR 
USE OF OUR SECURE SERVERS AND/OR ANY AND 
ALL PERSONAL INFORMATION STORED THEREIN; 
(IV) ANY INTERRUPTION OR CESSATION OF 
TRANSMISSION TO OR FROM THE SERVICE; 
(V) ANY BUGS, VIRUSES, TROJAN HORSES, 
OR THE LIKE THAT MAY BE TRANSMITTED 
TO OR THROUGH OUR SERVICE BY ANY THIRD 
PARTY; 
(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT 
OR FOR ANY LOSS OR DAMAGE INCURRED AS A 
RESULT OF THE USE OF ANY CONTENT POSTED, 
EMAILED, TRANSMITTED, OR OTHERWISE MADE 
AVAILABLE THROUGH THE SERVICE; 
AND/OR (VII) USER CONTENT OR THE 
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT 
OF ANY THIRD PARTY. IN NO EVENT SHALL PRIVOWNY, 
ITS AFFILIATES, DIRECTORS, EMPLOYEES, 
OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, 
PROCEEDINGS, LIABILITIES, OBLIGATIONS, 
DAMAGES, LOSSES OR COSTS IN AN AMOUNT 
EXCEEDING THE AMOUNT YOU PAID TO 
PRIVOWNY HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION 
APPLIES WHETHER THE ALLEGED LIABILITY 
IS BASED ON CONTRACT, TORT, NEGLIGENCE, 
STRICT LIABILITY, OR ANY OTHER BASIS, 
EVEN IF PRIVOWNY HAS BEEN ADVISED 
OF THE POSSIBILITY OF SUCH DAMAGE. 
THE FOREGOING LIMITATION OF LIABILITY 
SHALL APPLY TO THE FULLEST EXTENT 
PERMITTED BY LAW IN THE APPLICABLE 
JURISDICTION.
You agree to defend, indemnify and hold Privowny, 
its directors, officers, employees, agents 
and affiliates harmless from any and all claims, 
liabilities, damages, costs and expenses, 
including reasonable attorneys' fees, 
in any way arising from, related to or in 
connection with your use of the Service, 
your violation of these Terms or the 
posting or transmission of any materials 
on or through our Site by you, including,
but not limited to, any third party 
claim that any information or materials 
you provide infringes any third party 
proprietary right.

11.  Other

A. Governing Law. You agree that: 
(i) the Service shall be deemed solely based 
in California; and (ii) the Service 
shall be deemed a passive one that does 
not give rise to personal jurisdiction 
over Privowny, either specific or general, 
in jurisdictions other than California. 
This Agreement shall be governed by the 
internal substantive laws of the 
State of California, without respect 
to its conflict of laws principles. 
The application of the United Nations 
Convention on Contracts for the 
International Sale of Goods is expressly 
excluded. Any claim or dispute between 
you and Privowny that arises in whole 
or in part from the Service shall be 
decided exclusively by a court 
of competent jurisdiction located in 
Santa Clara County, California, 
unless submitted to arbitration 
as set forth in the following paragraph. 

B. Arbitration. For any claim (excluding claims 
for injunctive or other equitable relief) under 
this Agreement where the total amount of the award 
sought is less than $10,000, the party requesting 
relief may elect to resolve the dispute through 
binding non-appearance-based arbitration. 
The party electing such arbitration shall 
initiate the arbitration through an established 
alternative dispute resolution 
("ADR") provider mutually agreed upon 
by the parties. The ADR provider and the 
parties must comply with the following rules: 
a) the arbitration shall be conducted by 
telephone, online and/or be solely based 
on written submissions, as selected by 
the party initiating the arbitration; 
b) the arbitration shall not involve 
any personal appearance by the parties 
or witnesses unless otherwise 
mutually agreed by the parties; 
and c) any judgment on the award rendered 
by the arbitrator may be entered in any 
court of competent jurisdiction.

C. Notification Procedures. Privowny 
may provide notifications, whether such 
notifications are required by law or are 
for marketing or other business related 
purposes, to you via email notice, 
written or hard copy notice, or through 
conspicuous posting of such notice on our 
website, as determined by Privowny in 
our sole discretion. Privowny reserves 
the right to determine the form and means 
of providing notifications to our Users, 
provided that you may opt out of certain 
means of notification as described in this 
Agreement.

D. Entire Agreement/Severability. This Agreement, 
together with any other legal notices and 
agreements published by Privowny via the Service, 
shall constitute the entire agreement between 
you and Privowny concerning the Service. If any 
provision of this Agreement is deemed invalid 
by a court of competent jurisdiction, the 
invalidity of such provision shall not affect
the validity of the remaining provisions of 
this Agreement, which shall remain in full 
force and effect. 

E. No Waiver. No waiver of any term of 
this Agreement shall be deemed a further 
or continuing waiver of such term or any 
other term, and Privowny' failure to assert 
any right or provision under this Agreement 
shall not constitute a waiver of such right 
or provision. 

F. Assignment. This Agreement, and any rights 
and licenses granted hereunder, may not be 
transferred or assigned by you, but may be 
assigned by Privowny without restriction. 

G. Relationship. The Terms constitute the entire 
agreement between you and Privowny regarding 
the Service, and supersede any prior agreements. 
You and Privowny are independent entities, 
and nothing in these terms creates any 
partnership, joint venture, agency, 
franchise, sales representative or employment 
relationship. In the event that any provision
of these Terms is held by a court to be 
unenforceable, the remaining Terms will 
continue in full force and effect. 
The Terms will be governed by the laws 
of the State of California, excluding its 
choice of law rules.

© Copyright 2010 - 2011 by Privowny, Inc.  
All rights reserved.