| Your session has timed out, please log in again | |
| e-mail: | |
| Your e-mail or password is invalid Please enter Your e-mail | |
| Password: | |
| You can not leave this field empty | |
|
|
|
TERMS OF USE
Privowny, Inc. ("Privowny" or "we" or "us")
welcomes you to www.privowny.com ("Site")
and the PrivownyBar Add-On
("PrivownyBar",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 PrivownyBar 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 PrivownyBar 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) PrivownyBar,
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
PrivownyBar on as many computers
and as many times as you like,
provided that you agree to these
Terms each time you download or
install PrivownyBar.
4. Intellectual Property
Our trademarks include Privowny,
the Privowny logo and design,
PrivownySphere, and PrivownyBar.
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 PrivownyBar.
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.Â
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.Â
IF YOU ARE DISSATISFIED WITH THE SERVICE,
YOUR SOLE REMEDY IS TO DISCONTINUE
USING THE SERVICE.Â
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 - 2013 by Privowny, Inc.Â
All rights reserved.
Dear users, We`re sorry you have chosen not to complete your registration with Privowny. In order to improve our process, we would be grateful that you let us know why by filling this feedback form.
TERMS OF USE
Privowny, Inc. ("Privowny" or "we" or "us")
welcomes you to www.privowny.com ("Site")
and the PrivownyBar Add-On
("PrivownyBar",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 PrivownyBar 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 PrivownyBar 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) PrivownyBar,
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
PrivownyBar on as many computers
and as many times as you like,
provided that you agree to these
Terms each time you download or
install PrivownyBar.
4. Intellectual Property
Our trademarks include Privowny,
the Privowny logo and design,
PrivownySphere, and PrivownyBar.
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 PrivownyBar.
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.Â
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.Â
IF YOU ARE DISSATISFIED WITH THE SERVICE,
YOUR SOLE REMEDY IS TO DISCONTINUE
USING THE SERVICE.Â
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 - 2013 by Privowny, Inc.Â
All rights reserved.
