Policies
Terms of Service
Last Updated: April 9th, 2009
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
1. INTRODUCTION
Welcome to a ByteBooth, a network of user-generated websites created with technology partially or wholely developed by Infinite Mass Inc. (”ByteBooth”)(the “Site”). ByteBooth provides online collaborative website services to you on this Site subject to the following Terms of Use. By using this Site, you signify that you have read, understand, and agree to be legally bound by these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. The Site will provide notice of material changes to these Terms of Use by updating the “Last updated” date set forth above. If you do not agree to abide by these or any future Terms of Use, your only recourse is to immediately cease use of the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. We encourage you to review the Terms of Use each time you visit the Site to see if it has been updated since your last visit.
2. SUBMISSIONS
You understand and agree that all postings, comments, edits, feedback, suggestions, ideas, photographs, images, notes, drawings, concepts, and other information, content, or materials posted on, transmitted through, or linked from the Site, either online or offline and whether or not solicited by the Site (collectively, “Submissions”), are the sole responsibility of the person from whom such Submissions originated. The Site is and shall be under no obligation (a) to maintain any Submissions in confidence; (b) to store or maintain the Submissions, electronically or otherwise; (c) to pay any compensation for any Submissions or any use thereof; or (d) to respond to any user in connection with or to use any Submissions. Neither the Site nor ByteBooth shall be liable for any use, non-use, or disclosure of any Submissions. You represent that, regarding any Submissions contributed by you that: (a) Submissions will not violate any right of any third party, including copyright, trademark, right of privacy, right of publicity, or other intellectual property, personal, or proprietary right(s); and (b) you are the owner of and/or have the right to provide such Submissions to us in accordance with this Agreement. You further represent that no such Submissions will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Submissions you make.
ByteBooth reserves the right to remove sites from public view, delete, or purge the content with or without cause, with or without notice for any reason, including, without limitation if we determine in our sole discretion that the content is harmful, offensive, illegal, or inappropriate for the subject matter of the Site. Furthermore, ByteBooth may terminate this Agreement, or terminate or suspend your access to the Site and remove and discard any Submissions at any time, with or without cause, and with or without notice.
3. NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENT
ByteBooth respects the intellectual property of others and we require our users to do the same. If you believe that any material on the Site infringes upon any copyright you own or control, or that any link on the Site directs users to another website containing material that infringes upon any copyright you own or control, you may file a notification of such infringement with our Designated Copyright Contact Address as set forth below.
Notice and Procedure for Notifying ByteBooth of Claims of Copyright Infringement
ByteBooth will respond expeditiously to notices of alleged infringement that are reported to ByteBooth’s Copyright Contact Address. Contact ByteBooth’s Copyright Compliance Team as follows:
Email: copyright@bytebooth.com
If you believe that your copyright has been infringed upon, please submit written notification to ByteBooth’s Copyright Compliance Team as specified above and include the following:
* Identification of the copyrighted work claimed to have been infringed upon, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
* Identification of the material that you’re claiming has been infringed upon or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
* Your full name, mailing address, telephone number, and, if available, email address.
* Both of the following statements:
o “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. as a fair use).”
o “I hereby state that the information in this notification is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright, or of an exclusive right under the copyright that is allegedly infringed.”
* Your full legal name and your electronic or physical signature.
Infringer Policy: In accordance with the Digital Millennium Copyright Act (DMCA), the text of which may be found on the U.S. Copyright office website at http://www.copyright.gov/legislation/dmca.pdf, and other applicable law, ByteBooth has adopted a policy of banning, in appropriate circumstances and at its sole discretion, users who are deemed to be repeat infringers. ByteBooth may also at its sole discretion limit access to any website hosted by ByteBooth and/or terminate the accounts of any users who infringe upon any intellectual property rights of others, whether or not there is any repeat infringement.
Counter Policy: A poster of allegedly infringing material may make a counter-notification pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When ByteBooth receives a counter-notification, it may in its sole discretion reinstate the material in question. To provide a counter-notification, please submit written notification to ByteBooth’s Copyright Compliance Team as specified above and include the following:
* Identification of the material that has been removed or to which access has been disabled by ByteBooth and the location at which the material appeared before it was removed or access was disabled.
* A statement as follows: “I hereby state, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of mistake of misidentification of the material to be removed or disabled.”
* Your full name, mailing address, telephone number, and, if available, email address.
* A statement as follows: “I hereby consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if any address is outside the United States, for any judicial district in which ByteBooth may be found, and I will accept service of process from the complaining party who notified ByteBooth of the alleged infringement or an agent of such person.”
* Your full legal name and your electronic or physical signature.
4. USER CONDUCT
You agree to not use the Site to:
* Upload, post, email, transmit, or otherwise make available any content that we deem to be unlawful, harmful, threatening, abusive, bullying, harassing, false, inaccurate, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that violates any applicable law;
* Harm minors in any way;
* Create a ByteBooth site that is directed to an audience under 13 years of age;
* Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
* Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
* Upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
* Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
* Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “link farms,” “junk mail,” “spam,” “chain letters,” ‘pyramid schemes,” or any other form of solicitation;
* Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
* Interfere with or disrupt the service, servers, or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service;
* Intentionally or unintentionally violate any applicable local, state, national, or international law, encourage or provide instructions for a criminal offense, or otherwise violate the rights of any party;
* “Stalk” or otherwise harass another; or
* Collect or store unauthorized personal data about other users.
Please refer to our Code of Conduct for more general guidelines on appropriate community behavior.
5. PROPRIETARY RIGHTS
Copyrights. This Site is protected to the maximum extent permitted by copyright laws and international treaties. The collective Submissions and content displayed on or through the Site, and selective organization of the same (the “Collective Content”), is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Collective Content, and/or copying or reproducing the Collective Content or any portion thereof, except as provided below, to any other server or location for further reproduction or redistribution is prohibited without the express written consent of ByteBooth. The Collective Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without either: a) complying with the terms of this Agreement; or b) ByteBooth’s prior written permission.
Although ByteBooth does not claim ownership of Submissions that its users post, by posting or submitting Submissions to the Site, you automatically grant and represent and warrant that you have the right to grant to ByteBooth an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, worldwide license to use, copy, perform, modify, adapt, publish, display, translate, and distribute said Submissions and to prepare derivative works of, or incorporate into other works said Submissions and to grant and authorize sublicenses (through multiple tiers) of the foregoing, including as set forth in Paragraph 6 below. Furthermore, by posting Submissions to the Site, as part of the Collective Content, you automatically grant ByteBooth all rights necessary to prohibit any subsequent prohibited aggregation, display, copying, duplication, reproduction, or exploitation of the Collective Content by any party for any purpose.
Software. Any software, including any files, images generated by the software, code, and data accompanying the software owned by ByteBooth (collectively, “Software”), used or accessible through the Site may be used by you solely for accessing and/or using the site for purposes expressly stated on the Site and these terms, provided that such uses are not competitive with or derogatory to the Site. ByteBooth retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse-engineer, disassemble, or create derivative works from any Software.
Patents. ByteBooth’s products and processes may be covered by one or more patents and may be subject to other trade secrets and proprietary rights. ByteBooth reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of these Terms of Use. You agree not to infringe upon such rights or decompile, reverse-engineer, or disassemble any of ByteBooth’s products or processes.
Trademarks. All trademarks on the Site are either trademarks or registered trademarks of ByteBooth or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ByteBooth. All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ByteBooth or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ByteBooth. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.
6. SUBLICENSE UNDER CREATIVE COMMONS LICENSE
ByteBooth licenses third-party use of the Collective Content and Submissions under a Creative Commons’ Attribution-NonCommercial-Share Alike 2.5 License (“the License”). The License allows the Collective Content and Submissions to be used, copied, modified, and redistributed freely by any organization or person for any non-commercial purpose, so long as the re-published content is: a) available to others on the same terms; and b) attributes ByteBooth as the source. To satisfy the attribution requirement, you may: a) for Internet re-publishing, provide both a direct hyperlink back to the article AND prominent text stating the material came from ByteBooth; or b) for offline distribution, provide the URL of the content AND prominent attribution to ByteBooth.
7. DISCLAIMER OF RESPONSIBILITY FOR THIRD PARTY CONTENT; RESERVATION OF RIGHTS
ByteBooth takes no responsibility and assumes no liability for any Content or Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity, or objectionable material you may encounter. Your use of the Site is at your own risk. As a provider of interactive services, ByteBooth is not liable for any statements, representations, Submissions, or Content provided by its users. Although we have no obligation to screen, edit, or monitor any Submissions posted by users (or any other activities of users on the Sites), we reserve the right, at our sole discretion, to remove, take down, destroy, or delete any Content or Submissions at any time and for any reason, including without limitation, Submissions that we deem inappropriate, offensive, or which we believe may subject us to any liability. We may access, use, and disclose transaction information about your use of this Site, and any Submissions transmitted by you via or in connection with this Site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill, and collect for our services; to protect our rights or property, or to protect users of this Site from fraudulent, abusive, or unlawful use of this Site. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, GUIDELINE, OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU. Any use of the Site in violation of the foregoing is in violation of these terms and may result in, among other things, the termination or suspension of your rights to use the Site.
8. DISCLAIMER OF WARRANTY
THE SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BYTEBOOTH AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT AND/OR DATA DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA.
BYTEBOOTH ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF BYTEBOOTH, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS, EXCEPT AS SPECIFICALLY PROVIDED HEREIN.
BYTEBOOTH DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION OR NEGLIGENCE, SHALL BYTEBOOTH OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS, OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF BYTEBOOTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
10. INDEMNIFICATION; DAMAGES FOR UNAUTHORIZED ACCESS
You are entirely responsible for maintaining the confidentiality of your password and account, as well as activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of: (a) any breach by you of these Terms of Use; or (b) any Submissions you provide, including without limitation, any claim by a third party that your Submissions infringe or violate such third party’s rights or interests. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You acknowledge and agree that your violation of the terms and conditions of this Agreement through unauthorized use of or access to the Site will result in a minimum of five thousand dollars ($5,000.00) in damages to ByteBooth based on our costs for implementing additional security measures resulting from, and our investigation into, any such violation.
11. LINKS; THIRD-PARTY CONTENT; THIRD PARTY USE OF INFORMATION
This Site may provide, or third parties may provide, links to other World Wide Web resources. Because ByteBooth has no control over such sites and resources, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on this Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
12. PRIVACY
ByteBooth cares about the privacy of its users. By using the Site you agree to our privacy policy.
13. GENERAL
Agreement: These Terms of Use constitute the entire Agreement between you and ByteBooth and governs your use of the Site, superseding any prior agreements between you and ByteBooth. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. ByteBooth’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Choice of Law and Forum: By visiting the Site, you agree that the laws of the State of Washington and U.S. law, without regard to principles of conflict of laws, will govern this Agreement.
Dispute Resolution:THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Mandatory Arbitration — YOU AND BYTEBOOTH AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT, EXCEPT THAT YOU OR BYTEBOOTH MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU AND BYTEBOOTH ACKNOWLEDGE THAT THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THIS AGREEMENT WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (”AAA”) IN ACCORDANCE WITH ITS ARBITRATION RULES (AND THE AAA SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES AS THEY MAY BE APPLICABLE), AS MODIFIED BY THIS AGREEMENT. INFORMATION CONCERNING THE AAA, ITS ARBITRATION RULES, AND OTHER INFORMATION CONCERNING ARBITRATION PROCEDURES AND FEES CAN BE FOUND BY CALLING THE AAA AT 1-800-778-7879 OR VISITING ITS WEBSITE AT: http://www.adr.org.
ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR. YOU AND BYTEBOOTH WILL COOPERATE IN GOOD FAITH TO SELECT THE ARBITRATOR WITHIN THIRTY (30) CALENDAR DAYS OF THE COMMENCEMENT OF ANY ARBITRATION PROCEEDING. IF YOU AND BYTEBOOTH CANNOT AGREE UPON A NEUTRAL ARBITRATOR WITHIN THE THIRTY-DAY PERIOD, THEN EITHER PARTY MAY REQUEST THAT THE AAA APPOINT, IN ITS SOLE DISCRETION, A NEUTRAL ARBITRATOR. YOU AND BYTEBOOTH FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS AGREEMENT, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR’S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO IN ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS AGREEMENT ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. ALL ADMINISTRATIVE COSTS AND FEES OF THE ARBITRATION WILL BE BORNE EQUALLY BY YOU AND BYTEBOOTH. YOU AND BYTEBOOTH WILL EACH BEAR THE EXPENSES OF ITS OWN COUNSEL, EXPERTS, WITNESSES, AND THE PREPARATION AND PRESENTATION OF EVIDENCE IN CONNECTION WITH ANY ARBITRATION.
Waiver of Jury Trial and Class Actions — BY ENTERING INTO THIS AGREEMENT, YOU AND BYTEBOOTH ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND BYTEBOOTH BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THAT IF ARBITRATION IS NOT CONDUCTED ON AN INDIVIDUAL BASIS, THIS SECTION WILL BE DEEMED NULL AND VOID. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND BYTEBOOTH BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Severability: If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Termination: ByteBooth may terminate this Agreement, or terminate or suspend your access to the Site and remove and discard any Submissions at any time, with or without cause, with or without notice.
14. CONTACT US
If you have any questions about this Agreement, the practices of this Site, or your dealings with this Site, please contact us or write to us at the following address:
customer.service@bytebooth.com
PRIVACY POLICY
OF
Infinite Mass Inc. and all related Websites.
Last updated April 9th, 2009
BY VISITING THIS WEBSITE AND REQUESTING INFORMATION, PRODUCTS OR SERVICES THERON, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES OR PRODUCTS OFFERED OR PROVIDED ON ANY OF THE WEBSITES REFERRED TO IN THIS PRIVACY POLICY.
PLEASE NOTE: THIS PRIVACY POLICY CHANGES FROM TIME TO TIME AND CHANGES ARE EFFECTIVE UPON POSTING. PLEASE CHECK BACK FREQUENTLY FOR UPDATES AS IT IS YOUR SOLE RESPONSIBILITY TO BE AWARE OF CHANGES. WE DO NOT PROVIDE NOTICES OF CHANGES IN ANY MANNER OTHER THAN BY POSTING THE CHANGES AT THIS WEB SITE.
This policy describes the information collection, use, and dissemination practices of Infinite Mass Inc., (”Infinite Mass”) and applies to Infinite Mass’s collection, use, storage and disclosure of information by Infinite Mass on its (a) websites, including all its divisions, subsidiaries and related companies (collectively, the “Websites”), (b) on various Third Party websites, and (c) to Infinite Mass’s other information collection, including the purchase of customer lists from Third Parties. Infinite Mass is not responsible for the information collection or privacy practices of Third Party websites or applications.
CALIFORNIA RESIDENTS PRIVACY RIGHTS
Companies that collect personally identifiable information (”PII”) from California residents and disclose such information to Third Parties (including affiliated entities) for marketing purposes must, in response to a request by a consumer, either (1) provide a list detailing the categories of information shared and the entities to which such information was provided, or (2) provide a mechanism by which a consumer may opt-out of having their information shared with Third Parties. We have elected the second option and you may request that your PII not be shared with Third Parties by sending your request, including your full name, email address and postal address to: Infinite Mass Inc., 1122 E. Pike St. Box 1267, Seattle, WA 98122. 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, Suite 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov
THE INFORMATION COLLECTION, USE AND DISSEMINATION PRACTICES OF
INFINITE MASS INC.
1. Collection of Information.
1.1 Survey Information
Infinite Mass collects information from individuals by various methods, including, but not limited to, when an individual voluntarily completes a survey, order form, or a registration page either online or offline, or by means of online or offline surveys, order forms, or registration pages operated by Third Parties (collectively, a “Survey”). (As used herein, “online” means using the Internet, including the Websites, and related technologies, and “offline” means by methods other than online, including in person, in the postal mail, using telephones and cell phones, and other similar means.) In the Surveys, Infinite Mass or a Third Party (a “Third Party”) may ask an individual to provide various information to Infinite Mass, which may include his or her name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, social security number, employment information, personal and online interests, and such other information as may be requested from time to time (together, “Survey Information”). Infinite Mass may also collect information concerning an individual from another source and uses that information in combination with information provided from this web site. Completing the Surveys is completely voluntary, and individuals are under no obligation to provide Survey Information to Infinite Mass or Third Party, but an individual may receive incentives from Infinite Mass or a Third Party in exchange for providing Survey Information to Infinite Mass.
1.2 Site Membership or Registration
To the extent registration is required to receive email and possibly postal communications from Infinite Mass or a Third Party Advertiser, this Privacy Policy also applies to consumers that have agreed to receive e-mail marketing from Infinite Mass or a Third Party Advertiser, whether at our Website, via email, on Third Party websites or otherwise. We collect information in certain portions of our Website, where guests provide content submissions and suggestions or participate in interactive online activities (i.e., by way of responding to questions and surveys, community listings, ratings, searches and comparison searches, bidding, purchasing, chat, games, or bulletin boards, etc.). The personal profile information you submit to Infinite Mass or Third Party Advertisers remains your property, but by submitting that information to Infinite Mass or Third Party Advertisers, you grant Infinite Mass and/or Third Party Advertisers, the right to use that information for marketing purposes. Infinite Mass or Third Party Advertisers may also use such information for content improvement and feedback purposes. We may sell the personal information that you supply to us and we may join together with other businesses to bring selected retail opportunities to you. These businesses may include providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation. In addition, Infinite Mass reserves the right to release current or past information in the event Infinite Mass believes that the information is being or has been used in violation of the Rules or to commit unlawful acts, if the information is subpoenaed, if Infinite Mass is sold or acquired, or when Infinite Mass deems it necessary or appropriate. By agreeing to these terms, you hereby consent to disclosure of any record or communication to any Third Party when Infinite Mass in its sole discretion, determines the disclosure to be appropriate.
“Subscription” occurs when an end-user registers for Infinite Mass’s and/or Third Party Advertisers’ services, either via registration at our website, via co-registration at a marketing partner’s website, or via a permission pass / opt-out / no-opt mailing Infinite Mass collects personally identifiable information about our subscribers, based on: information gathered at the time of registration, subscriber interaction and response to subsequent electronic mailings and website use, information provided by marketing partners, and information appended from data aggregators. Information collected may include, but is not necessarily limited to: name, email address, postal address, gender, birth date, telephone number, activity, interests, user behavior and other demographic information. This information enables us to better tailor our content to subscribers’ needs and to help our clients to promote and sell their products and services.
1.3 Third Party List Information
Infinite Mass collects information from individuals when an individual provides information to a Third Party and Infinite Mass subsequently purchases, licenses, or otherwise acquires the information from the Third Party (the “Seller”). Such purchased information may include, but is not limited to, an individual’s name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests, and such other information as the individual may have provided to the Seller (together, “Third Party List Information”). When acquiring Third Party List Information, Infinite Mass seeks assurances from the Seller that the Seller has a right to transfer the Third Party List Information to Infinite Mass and that the Seller has a right to provide offers from Advertisers to the individuals whose personal information is included on the Seller’s list.
1.4 Other Information.
Other occasions when Infinite Mass obtains information from individuals include (1) when an individual is making a claim for a prize or seeking to redeem an incentive offered by Infinite Mass or by a Third Party, (2) when an individual requests assistance through Infinite Mass’s customer service department, (3) when an individual voluntarily subscribes to a service or newsletter; (4) when private information is provided by means of a referral by a third party to Infinite Mass or a Third Party Advertiser (together, “Other Information”).
1.5 Cookies, Web Beacons, and Other Info Collected using Technology.
Infinite Mass currently uses cookie and web beacon technology to associate certain Internet-related information about an individual with information about the individual in our database. Additionally, Infinite Mass may use other new and evolving sources of information in the future (together, “Technology Information”).
1.
Cookies.
A cookie is a small amount of data stored on the hard drive of the individual’s computer that allows Infinite Mass to identify the individual with his or her corresponding data that resides in Infinite Mass’s database. You may read more about cookies at http://cookiecentral.com. Individuals who use the Websites need to accept cookies in order to use all of the features and functionality of the Websites.
2.
Web Beacons.
A web beacon is programming code that can be used to display an image on a web page (by using an <img src=”x”> programming function — see http://truste.org for more information), but can also be used to transfer an individual’s unique user identification (often in the form of a cookie) to a database and associate the individual with previously acquired information about an individual in a database. This allows Infinite Mass to track certain websites an individual visits online. Web beacons are used to determine products or services an individual may be interested in, and to track online behavioral habits for marketing purposes. For example, Infinite Mass might place, with the consent of a Third Party website, a web beacon on the Third Party’s website where cosmetics are sold. When Jane, an individual listed in Infinite Mass’s database, visits the cosmetic website, Infinite Mass receives notice by means of the web beacon that Jane visited the cosmetics site, and Infinite Mass would then update Jane’s profile with the information that Jane is interested in cosmetics. Infinite Mass may thereafter present offers of cosmetic related products and services to Jane. In addition to using web beacons on web pages, Infinite Mass also uses web beacons in email messages sent to individuals listed in Infinite Mass’s database.
3.
New Technology.
The use of technology on the Internet, including cookies and web beacons, is rapidly evolving, as is Infinite Mass’s use of new and evolving technology. As a result, Infinite Mass strongly encourages individuals to revisit this policy for any updates regarding its use of technology.
4.
Usage Tracking.
Infinite Mass tracks information related to the electronic mailings and web pages viewed by users and subscribers, as well as the hyperlinks clicked by subscribers, while viewing our emails or visiting our websites.
5.
Log Files.
Log files are used to track and monitor subscriber usage.
6.
Optional Registration.
Infinite Mass may offer free voluntary registration to potential subscribers. During such registration, the subscriber is required to supply an email address and other personal information. This information is required if the subscriber wants to participate in Company services or Third Party Services.
7.
Feedback and Inquiries.
You have the ability to contact Infinite Mass to provide us with your feedback. Infinite Mass uses this information to respond to you and analyze customer service issues.
1.6 Outside Information
Infinite Mass may receive information about individuals from Third Parties or from other sources of information outside of Infinite Mass including information located in public databases (”Outside Information”).
1.7 Individual Information
As used herein, Individual Information means Survey Information, Third Party List Information, Other Information, Technology Information, and Outside Information, and any other information Infinite Mass gathers or receives about individuals.
1.8 No Information Collected from Children.
Infinite Mass will never knowingly collect any personal information about children under the age of 18. If Infinite Mass obtains actual knowledge that it has collected personal information about a child under the age of 18, that information will be immediately deleted from our database. Because it does not collect such information, Infinite Mass has no such information to use or to disclose to Third Parties. Infinite Mass has designed this policy in order to comply with the Children’s Online Privacy Protection Act (”COPPA”).
1.9 Credit Card Information.
Infinite Mass may in certain cases collect credit card numbers and related information, such as the expiration date of the card (”Credit Card Information”) when an individual places an order from Infinite Mass. When the Credit Card Information is submitted to Infinite Mass, such information is encrypted and is protected with SSL encryption software. Infinite Mass will use the Credit Card Information for purposes of processing and completing the purchase transaction, and the Credit Card Information will be disclosed to Third Parties only as necessary to complete the purchase transaction. Although Infinite Mass takes all commercially reasonable action to protect Credit Card Information, you ultimately assume the risk of any damage or loss as a result of transmitting such information to Infinite Mass, including but not limited to, identify theft, credit card fraud or credit card loss.
1.10 Links to External Websites.
Infinite Mass’s emails and websites contain links to external websites. You will be taken to external websites if you click on these links. Your information may be passed from Infinite Mass’s database to the external website, and/or external database, for your convenience (e.g. your information may be used to pre-fill a form at a destination website). Infinite Mass is not responsible for the privacy practices or content of any external website owner. We encourage you to review the privacy policy of any website they visit.
2. Use of Individual Information.
2.1 Discretion of Information.
THE COMPANY MAY USE INDIVIDUAL INFORMATION FOR ANY LEGALLY PERMISSIBLE PURPOSE IN COMPANY’S SOLE DISCRETION.
The following paragraphs in Section 2 describe how Infinite Mass currently uses Individual Information, but Infinite Mass may change or broaden its use at any time. As noted below, Infinite Mass may update this policy from time to time. Infinite Mass may use Individual Information to provide promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, online banner advertising, and package stuffers, among other possible uses.
2.2 Email and Unsubscribe Policy.
Infinite Mass uses Individual Information to provide promotional offers by email to individuals. Infinite Mass may maintain separate email lists for different purposes. If email recipients wish to end their email subscription from a particular list, they need to follow the instructions at the end of each email message to unsubscribe from the particular list. To unsubscribe from all Infinite Mass’s email lists, a person must send an email to customer.service@bytebooth.com.
Infinite Mass’s unsubscribe process impacts only the future delivery of electronic mailings disseminated by Infinite Mass on its own behalf. You may still receive electronic mailings sent on behalf of Third Parties and your personal information may still be shared with Third Parties for use in offline marketing and data appends, including email appends.
You should also note that unsubscribing from Infinite Mass’s electronic mailings will not automatically unsubscribe the subscriber’s information from any Third Party associates and licensees of the data. Since Third Party associates and licensee partners maintain separate databases from Infinite Mass, and you will need to unsubscribe from each source individually, if desired. This allows you the freedom to pick and choose which subscriptions to maintain and which to discontinue.
2.3 Content of Email Messages.
In certain commercial email messages sent by Infinite Mass, an Advertiser’s name will appear in the “From:” line but hitting the “Reply” button will cause a reply email to be sent to Infinite Mass. The “Subject:” line of Infinite Mass email messages will usually contain a line provided from the Advertiser to Infinite Mass.
2.4 Solicited Email.
Infinite Mass only sends email to individuals who have agreed on the Websites to receive email from Infinite Mass or to individuals who have agreed on Third Party websites to receive email from Third Parties. As such Infinite Mass does not send unsolicited email messages. As a result, statutes requiring certain formatting for unsolicited email are not applicable to Infinite Mass’s email messages.
2.5 Targeted Advertising.
Infinite Mass uses Individual Information to target advertising to an individual. When an individual is using the Internet, Infinite Mass uses Technology Information (see also Section 2.7 below) to associate an individual with that person’s Individual Information, and Infinite Mass attempts to show advertising for products and services in which the person has expressed an interest in the Surveys, indicated an interest by means of Technology Information, and otherwise. Infinite Mass may, at its discretion, target advertising by using email, direct mail, telephones, cell phones, and other means of communication to provide promotional offers.
2.6 Direct Mail and Telemarketing.
Infinite Mass uses Individual Information to advertise, directly or indirectly, to individuals using direct mail marketing or telemarketing using telephones and cell phones.
2.7 Use of Technology Information.
Infinite Mass uses Technology Information (1) to match a person’s Survey Information and Third Party List Information to other categories of Individual Information to make and improve profiles of individuals, (2) to track a person’s online browsing habits on the Internet, (3) to determine which areas of Infinite Mass’s websites are most frequently visited. This information helps Infinite Mass to better understand the online habits of individuals so that Infinite Mass can target advertising and promotions to them.
2.8 Profiles of Individuals.
Infinite Mass uses Individual Information to make a profile of an individual. A profile can be created by combining Survey Information and Third Party List Information with other sources of Individual Information such as behavioral and other information obtained from public databases. Infinite Mass may also publish personal information in the form of a testimonial if such information is sent to Infinite Mass by you.
2.9 Storage of Individual Information.
Infinite Mass stores the Individual Information in a database on our computers. Our computers have security measures (such as a firewall) in place to protect against the loss, misuse, and alteration of the information under Infinite Mass’s control. Not withstanding such measures, Infinite Mass cannot guarantee that its security measures will prevent our computers from being illegally accessed, and the Individual Information on them stolen or altered.
3. Dissemination of Individual Information.
3.1 Sale or Transfer to Third Parties.
Infinite Mass MAY SELL OR TRANSFER INDIVIDUAL INFORMATION TO THIRD PARTIES FOR ANY PURPOSE IN Infinite Mass’S SOLE DISCRETION.
3.2 Order Fulfillment.
Infinite Mass will transfer Individual Information to Third Parties when necessary to provide a product or service that a person orders from such Third Party while using Infinite Mass websites or when responding to offers provided by Infinite Mass.
3.3 Legal Process.
Infinite Mass may disclose Individual Information to respond to subpoenas, court orders, and other legal processes.
3.4 Summary Data.
Infinite Mass may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.
3.5 Access.
Individuals have access to their Individual Information collected to provide an opportunity for an individual to correct, amend, or delete such information. Access can be obtained by contacting customer.service@bytebooth.com. Infinite Mass may also grant advertising clients and email services providers’ access to an individual’s email address to verify the origin of the Individual Information collected.
4. Privacy Practices of Third Parties.
4.1 Advertiser cookies and web beacons.
Advertising agencies, advertising networks, and other companies (together, “Advertisers”) who place advertisements on the Websites and on the Internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. Infinite Mass does not control Advertisers’ use of such technology and Infinite Mass has no responsibility for the use of such technology to gather information about individuals.
4.2 Links.
The Websites and email messages sometimes contain hypertext links to the websites of Third Parties. Infinite Mass is not responsible for the privacy practices or the content of such other websites. Linked websites may contain links to websites maintained by Third Parties. Such links are provided for your convenience and reference only. Infinite Mass does not operate or control in any respect any information, software, products or services available on such Third Party websites. The inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
4.3 Affiliated Companies.
Infinite Mass may disclose, transfer, and sell Individual Information to entities affiliated with Infinite Mass in Infinite Mass’s discretion.
5. Unsubscribe Procedures.
If you wish to discontinue receiving email messages from Infinite Mass, you have several options:
1.
Unsubscribe from one email list.
To unsubscribe from a particular list, either (1) send an email to customer.service@bytebooth.com or (2) follow the instructions in each promotional email message sent by Infinite Mass.
2.
Unsubscribe from all of Infinite Mass’s email lists.
We reserve the right to add Individual Information to multiple lists maintained by Infinite Mass. To globally unsubscribe from all of Infinite Mass’s lists, send an email to customer.service@bytebooth.com.
For more information about protecting your privacy, you may wish to visit: www.ftc.gov. If you have questions about this policy, please contact us at customer.service@bytebooth.com.
