Terms of Use, Privacy Policy and Your California Privacy Rights
1. Terms of Use
These terms of use (“Terms”) govern each user’s (“user” or “you” or “your”) access to and use of this website, each web page on associated web sites (e.g., Facebook and Twitter), and the services provided (collectively, the “Services”), as well as any information, files or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By registering, with this website, uploading or downloading information, or otherwise actively using the Services, you agree to be bound by these Terms. The Services are owned and provided by InCommon Social Media, LLC (“InCommon” or “we” or “us”).
2. Responsible Adults
By signing up for the Services, you represent and warrant to us all of the following
You are age 18 or older
You have treated and will treat yourself and other users of the Services in a responsible and respectful manner at all times
You will not use any defamatory, abusive or threatening language with any other users at any time
You will be truthful, accurate and complete when describing yourself to other users at all times, including using recent photographs of yourself when appropriate
You have not been convicted of any felonies or any crimes of a sexual nature, and you do not currently stand accused of committing any such crimes by any police or other relevant authority
3. Access
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. You are responsible for the actions of each person who uses your account, whether or not you have expressly authorized that person to use your account, and the actions taken via that account will be presumed to be your actions. You may not use any software, agents, “bots” or other automated processes to operate any account. The Content you submit, post, or display may be viewed by other users of the Services and through third party services and websites. You should only upload, share or transmit Content that you have the right to upload, share or transmit, and that you are comfortable sharing with others under these Terms.
You may use the Services only if you are 18 years old or older. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice. In addition, InCommon may stop (permanently or temporarily) providing the Services or any features within the Services to you or to other users without notice. InCommon also retains the right to create limits on use and storage at InCommon’s sole discretion at any time without prior notice.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for granting you access to and use of the Services, you agree that InCommon and its partners and advertisers may place advertising on the Services or in connection with the display of Content or information from the Services submitted by you or others.
4. Privacy
Any information and other Content that you provide is subject to our Privacy Policy, which governs our collection and use of your information. California residents are also subject to Your California Privacy Rights. You consent to the collection and use of this information, including the transfer of this information to and from the United States, and to and from other countries, for storage, processing and use by InCommon and by others. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.
5. Passwords
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols, or pass phrases) with your account. InCommon shall not be liable for any loss or damage arising from any other person using your account.
6. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who posts or transmits the Content. We do not monitor or control the Content posted via the Services and, we are not responsible for Content. Any use or reliance on any Content or other materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. We do not endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances shall InCommon be liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
If you see any Content on the Services that you consider offensive or that you think may violate these Terms of Use, please contact us at webmaster@incommon.com so that we may review it. While we have the right to delete or remove from public view any Content for any reason, we also reserve the right not to remove Content that some users consider offensive or in violation of the Terms of Use, but which we do not consider offensive or in violation of the Terms of Use.
7. Your Rights
You retain any ownership, license or other rights you may have to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, transferable, perpetual, irrevocable, royalty-free, paid-up license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare derivative works, display, perform and distribute the Content, and combine it with other Content, and all derivative works of such Content, in any and all media via any and all distribution methods, now known or later developed.
You agree that this license includes the right for InCommon to make the Content you post available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication of such Content on other media and services. Such additional uses by InCommon, or other companies, organizations or individuals who partner with InCommon, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcast or distributed by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. InCommon will not be responsible or liable for any use of your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
8. InCommon’s Rights
All right, title, and interest in and to the Services (excluding Content provided by you) are and will remain the exclusive property of InCommon and its licensors (including other users). The Services are protected by copyright, trademark, and other laws of the United States and other countries around the world. Nothing in the Terms gives you a right to use the InCommon name or any of InCommon’s trademarks, logos, domain names, or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding InCommon or the Services is entirely voluntary and InCommon will be free to use your feedback, comments or suggestions as we see fit and without any obligation to you.
9. Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have the obligation) to remove or refuse to distribute any Content on the Services and to terminate users and reclaim user names. We also reserve the right to access, read, preserve, and disclose any Content or other information for any reason in our sole discretion, including without limitation to satisfy any applicable law, regulation, legal process or governmental request, enforce the Terms, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, respond to user support requests, or protect the rights, property or safety of InCommon, its users and the public.
You may not do any of the following while accessing or using the Services:
access, tamper with, or use non-public areas of the Services, InCommon’s computer systems, or the technical delivery systems of the website’s systems
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available interfaces published by InCommon (and only pursuant to those interfaces), unless you have been specifically allowed to do so in a separate written agreement signed by InCommon
forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
10. Intellectual Property Policy
InCommon respects the intellectual property rights of others and expects you and the other users of the Services to do the same. We will respond to notices of alleged infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied or otherwise infringed in a way that constitutes a violation of law, please provide us with the following information:
a physical or electronic signature of the owner of the copyright or other intellectual property right, or a person authorized to act on their behalf
identification of the work claimed to have been infringed
identification of the material that is claimed to be infringing 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 contact information, including your address, telephone number, and an email address;
a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law
a statement that the information in the notification is accurate, and, under penalty of perjury, that you are the owner, or that you are authorized to act on behalf of the owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. Where permitted by applicable law, we may also restore any Content that we have previously removed. In appropriate circumstances, InCommon shall terminate a user’s account if the user is believed to be a repeat infringer.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
InCommon Social Media, LLC 1522 Sheldon Court, Chester Springs, PA. 19425. Email: webmaster@incommon.com
11. The Services are Provided “As-Is” and “As Available”
YOUR ACCESS TO AND USE OF THE SERVICES AND ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, INCOMMON, ITS PARTNERS AND THEIR LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND THE CONTENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT THEREON. INCOMMON SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR ANY CONTENT. YOU ALSO AGREE THAT INCOMMON HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM INCOMMON, THROUGH THE SERVICES, OR OTHERWISE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.
12. Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that InCommon is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCOMMON, ITS PARTNERS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, DATA, USE, GOOD WILL, OR OTHER LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT INCOMMON HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
14. Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
15. Waiver and Severability
The failure of either party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
16. Indemnity
You agree to indemnify and hold us harmless for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of the Services, including any breach by you of the Terms, as well as any allegation that you have violated any laws or regulations, any allegation your actions or omissions have physically harmed any person or caused any property damage, or any allegation that you have infringed anyone’s intellectual property rights or other rights. This indemnity obligation shall survive any termination or expiration of these Terms or your use of the Website. As we have no control over your use of the Services or the actions taken by you or any other user of the Services, you agree that you bear all risks and you agree to release us and our affiliates, and all of our and their directors, officers, agents, representatives, licensors, suppliers and employees from any and all claims, demands and damages of every kind and nature, known or unknown, disclosed, suspected or otherwise, now and in the future.
17. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the law of the Commonwealth of Pennsylvania, and the federal law of the United States, without regard to or application of any conflict of laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Any controversy or claim between the parties or arising out of these Terms or any Services shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules and the Optional Rules for Emergency Measures of Protection in Philadelphia, Pennsylvania, U.S.A. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.
18. Entire Agreement
These Terms, our Privacy Policy and, where applicable, Your California Privacy Rights, are the entire and exclusive agreement between InCommon and you regarding the Services (excluding any services for which you have a separate written agreement signed by InCommon that expressly states it is in addition to or in place of these Terms), and these Terms supersede and replace any prior agreements between InCommon and you regarding the Services.
We may revise these Terms from time to time and post the revised version of the Terms on the Services. If the revision, in our sole discretion, is material we may notify you via an e-mail to the email address associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, then cease to use the Services, and you will be bound by the Terms in effect when you were using the Services.
If you have any questions about these Terms, please contact InCommon at webmaster@incommon.com or at InCommon Social Media, LLC 1522 Sheldon Court, Chester Springs, PA. 19425.
18. Date of Last Revision
These terms were last revised on July 14, 2011 Prior versions of these Terms may be found at the following links: [Dates/links]
Privacy Policy
InCommon Social Media, LLC respects the privacy of our customers and users of this web site and the web pages we control on other web sites such as Facebook and Twitter (collectively, the “Services”). This Privacy Policy identifies the practices of InCommon Social Media, LLC and its affiliates (collectively, “InCommon” or “we” or “us”) as they relate to the collection, maintenance, use and sharing of personal information (which is information that identifies you or is about you) collected through the Services. This Privacy Policy is part of the Terms of Use.
1. Personal Information that We Collect
Types of Personal Information We Collect: We may request, collect and store personal information about you and other users that includes:
Your name
Your postal address
Your electronic mail address
Your telephone number
Information about you and your account on the Services
Information about you and your accounts on other websites
Any other information you or anyone else includes in your Content (as that term is defined in the Terms of Use)
We may also collect information that is not personal information, such as information about things that interest you.
2. Effect of Providing Personal Information
By submitting personal information, you agree to be bound by the terms outlined in this Privacy Policy, Your California Privacy Rights and in the Terms of Use.
3. We Collect, Store, Process and Share Personal Information
The purpose of the Services is to collect personal information, store it on our computers, process the personal information and share it with others, including other users. We will collect any personal information you or others provide to us.
Our computers and some of the computers of our third party service providers are currently based in the United States, so your personal data will be processed by us in the United States where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you are a visitor from outside the United States, then by using the Services, you agree to this Privacy Policy, and you consent to having all personal information that you provide to us transferred to the United States, which may not offer an equivalent level of privacy protection as provided in the European Union or other countries, and you consent to the processing of your personal information as described in this Privacy Policy. We share personal information with others. We may publish personal information to the general public via the Internet and any other means, now known or later developed. We may also share personal information with a third party to provide you with the Services that you have requested. For example, when you log in to the Services using your personal information stored on another website, it is because we have shared your personal information with that website. We may share personal information when we believe that disclosure of personal information is required by law. We may share personal information when necessary to identify, contact, or bring legal action against someone who may be violating this Privacy Policy, Your California Privacy Rights or our Terms of Use. We may share or transfer personal information with our affiliates, as well as other companies that may purchase the stock or assets of InCommon, or that may merge with InCommon.
4. Data Security
While we try to protect the integrity and security of our network and systems, we cannot and do not guarantee that our security measures will prevent unauthorized third-parties (often called "hackers") from obtaining personal information without permission. We will use reasonable efforts to protect personal information on our internal systems, but hackers or other unauthorized persons may obtain access to personal information without our permission.
5. Cookies
The Services may employ cookies to store information or track your usage of the Services. A “cookie” is a small unit of data sent through web browsers and stored on a computer's hard drive. The Services may use cookies to maintain your permissions in password-protected areas and to remember your personally selected preferences. Cookies may also be used to measure and analyze traffic and usage. This information is used to improve our website and other Services.
6. Children
We do not knowingly collect personal information from children under the age of 18. If a child has provided us with personal information, we ask that a parent or guardian of the child contact us at our phone number or address stated in this Privacy Policy, and if we can find it we will delete that child’s personal information.
7. Cautions and Warnings
Please exercise caution when submitting personal information online. It is your responsibility to maintain the security of your passwords and personal information. Your usage of these Services constitutes an acknowledgement and assumption of these risks.
Although we may ask for your personal information on these Services in connection with providing you with products and services, we will not ask you for any personal information in any emails. We may send you electronic mail messages in accordance with United States law, but you should not respond to any electronic mail messages asking for your personal information, especially if the messages ask for your passwords or credit/debit card information. These messages are often called “phishing,” and they are designed to steal personal information for identity theft and other bad purposes.
8. How to Contact Us
We may be reached at InCommon Social Media, LLC 1522 Sheldon Court, Chester Springs, PA. 19425. or by email at webmaster@incommon.com.
9. Revisions to this Privacy Policy
We reserve the right to revise, amend, or modify this Privacy Policy and our other policies and agreements at any time and in any manner, effective upon posting the revised version of this Privacy Policy on the Services. The date of this Privacy Policy is July 14, 2011.
10. Prior Versions of this Privacy Policy
This is the first version of this Privacy Policy
Your California Privacy Rights,
Date of Last Revision: June 25, 2011
Your California Privacy Rights identifies the practices of InCommon Social Media, LLC and its affiliates (collectively, “InCommon”) as they relate to the use and sharing of personal information about California residents collected through this web site and associated web pages operated by InCommon on other web sites such as Facebook and Twitter (collectively, the “Services”).
Under the law of the State of California, California residents who provide personal information via a website or other online service, such as these Services, may request and obtain from InCommon once each calendar year information about the personal information InCommon shared, if any, with other businesses for their own direct marketing uses. Where applicable, this information would include the categories of personal information, and the names and addresses of those businesses with which InCommon shared personal information for the prior calendar year.
To obtain from the InCommon the information specified by California law, please contact us at InCommon Social Media, LLC 1522 Sheldon Court, Chester Springs, PA. 19425. or by email at webmaster@incommon.com.