DYNAMIC SIGNAL LEADINGFANS APPLICATION TERMS OF USE
Last Updated Date: May 5, 2011
Dynamic Signal, Inc. (“Dynamic Signal”, “our”, “us” or “we”) provides a news sharing application (the “Application”) through our website, accessible at www.leadingfans.com (the “Site”). Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy, which may be found at www.leadingfans.com. These Terms govern your access to and use of the Site and the Application and all Site Content (defined below), and constitute a binding legal agreement between you and Dynamic Signal.
Key Terms related to Content
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Dynamic Signal Content” means all Content that Dynamic Signal makes available through the Site or Application, including any Content licensed from a third party, but excluding Member Content.
“Member” means a person that completes Dynamic Signal’s account registration process, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Application.
“Site Content” means Member Content and Dynamic Signal Content.
Certain areas of the Application (and your access to or use of certain areas of the Site or Site Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, or Site Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, or Site Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR THE APPLICATION OR BY POSTING ANY MEMBER CONTENT THROUGH THE APPLICATION, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED VIA THE APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, OR SITE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Modification
Dynamic Signal reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Application or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or the Application after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Application.
Eligibility
The Site and Application are intended solely for persons who are 13 years of age or older. Any access to or use of the Site or Application by anyone under age 13 is expressly prohibited. By accessing or using the Site or Application you represent and warrant that you are 13 years of age or older.
Account Registration
In order to access certain features of the Site and Application, and to share any content via the Application, you must register to create an account (“Account”) and become a Member. You can register to become a Member either directly via the Application or by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook and Twitter) via our Application. If you decide to register by logging into an SNS via our Application, we will obtain the personal information you have provided to the SNS (such as your “real” name, profile picture, email address and other information you make publicly available via the applicable SNS) from the account you have with such SNS and use that information to create your Account; the information we obtain may depend on the privacy settings you have with the SNS. If you choose to register for your Account by logging into your SNS account via our Application, you hereby consent to our access to and collection of such personal information about you.
We will create your Account for your use of the Application based upon the personal information that you provide to us, or that we obtain via an SNS which you log into via our Application. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Dynamic Signal reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Dynamic Signal of any unauthorized use of your Account.
Third Party Services
As part of the functionality of the Application, you may link your Account with online accounts that you may have with third party services, including, but not limited to, SNSs and third party websites (collectively, “Third Party Service(s)”) by providing your Third Party Service login information or website URL to Dynamic Signal via the Application. By submitting Third Party Service login information to Dynamic Signal, you are granting Dynamic Signal permission to access and use (i) that login information or URL and (ii) certain other information from the Third Party Service that you designate (e.g. the activity of individuals who interact with content that you post via the Application to the Third Party Service), which can be accessed and used by Dynamic Signal within the Site and Application; Dynamic Signal may use and store this information and such information will be presented to you within the Application in order to provide you with certain functionality of the Application. For example, we may serve advertisements via the Application. We will use relevant information we have about you and the individuals who interact with content you post via the Application (collectively, “Followers”) to serve advertisements that are tailored to you and your Followers. For more information about how we serve advertisements, please see our Privacy Policy.
By submitting this information to Dynamic Signal and granting Dynamic Signal permission to access and use such information, you represent that you are entitled to submit and grant access to such information to Dynamic Signal for use for the purposes described herein, without any breach by you of the terms and conditions to which you are bound and govern your use of the services or businesses for which you have a Third Party Service, and without any obligation by Dynamic Signal to pay any fees or other limitations on usage that may be imposed by operators of the businesses that provide you with Third Party Services. Dynamic Signal makes no effort to review the content that will be presented to you in the Application for any purpose, including but not limited to accuracy, legality or non-infringement. Dynamic Signal cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of information, personalization settings or other service interruptions. Dynamic Signal cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any data, communications or personalization settings.
Privacy
See Dynamic Signal’s Privacy Policy at www.leadingfans.com for information and notices concerning Dynamic Signal’s collection and use of your personal information.
Ownership
The Site, Application, and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Dynamic Signal and its licensors exclusively own all right, title and interest in and to the Site, Application and Site Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, or Site Content.
Dynamic Signal Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Dynamic Signal grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Dynamic Signal Content solely for your personal and non-commercial purposes. Subject to your compliance with the terms and conditions of these Terms, Dynamic Signal grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Member Content solely for your personal and internal business purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, license, sell, distribute, publicly display, publicly perform, stream, transmit, broadcast or otherwise exploit the Site, Application, or Site Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Dynamic Signal or its licensors, except for the licenses and rights expressly granted in these Terms.
Member Content
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content through the Site and Application, you hereby grant to Dynamic Signal a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site and the Application. Dynamic Signal does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Application or you have all rights, licenses, consents and releases that are necessary to grant to Dynamic Signal the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Dynamic Signal’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Application (“Feedback”). You may submit Feedback by emailing us at help@dynamicsignal.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Dynamic Signal and you hereby irrevocably assign to Dynamic Signal and agree to irrevocably assign to Dynamic Signal all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Dynamic Signal’s request and expense, you will execute documents and take such further acts as Dynamic Signal may reasonably request to assist Dynamic Signal to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
General Prohibitions
You agree not to do any of the following:
· Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
· Use, display, mirror or frame the Site or Application, or any individual element within the Site or Application, Dynamic Signal’s name, any Dynamic Signal trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Dynamic Signal’s express written consent;
· Access, tamper with, or use non-public areas of the Site or Application, Dynamic Signal’s computer systems, or the technical delivery systems of Dynamic Signal’s providers;
· Attempt to probe, scan, or test the vulnerability of any Dynamic Signal system or network or breach any security or authentication measures;
· Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Dynamic Signal or any of Dynamic Signal’s providers or any other third party (including another user) to protect the Site, Application or Site Content;
· Attempt to access or search the Site, Application or Site Content or download Content or Site Content from the Site or Application through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Dynamic Signal or other generally available third party web browsers;
· Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
· Use any meta tags or other hidden text or metadata utilizing a Dynamic Signal trademark, logo URL or product name without Dynamic Signal’s express written consent;
· Use the Site, Application or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
· Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Application or Site Content to send altered, deceptive or false source-identifying information;
· Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application or Site Content;
· Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Application;
· Collect or store any personally identifiable information from the Site or Application from other users of the Site or Application without their express permission;
· Impersonate or misrepresent your affiliation with any person or entity;
· Violate any applicable law or regulation; or
· Encourage or enable any other individual to do any of the foregoing.
Dynamic Signal will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Dynamic Signal may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Dynamic Signal has no obligation to monitor your access to or use of the Site, Application or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the Site and Application, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Dynamic Signal reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Site Content, that Dynamic Signal, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Application.
Links
The Site and Application may contain links to third-party websites, resources, content or information (“Third Party Materials”). By using the Application, you instruct Dynamic Signal to present portions of the data sources that you have selected. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials and Dynamic Signal disclaims any liability that you may incur arising from your access to or use of such Third Party Materials or Member Content via the Application. You acknowledge and agree that Dynamic Signal is not responsible or liable for: (i) the availability or accuracy of such Third Party Materials; or (ii) the content, products, or services on or available from such Third Party Materials. Your ability to access or link to Third Party Materials or third party services (including any SNS or RSS feed) do not imply any endorsement by Dynamic Signal of such Third Party Materials or any such third party services. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third Party Materials and third party services.
Termination and Account Cancellation
If you breach any of these Terms, Dynamic Signal will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Dynamic Signal reserves the right to revoke your access to and use of the Site, Application and Content at any time, with or without cause. You may cancel your Account at any time by sending an email to help@dynamicsignal.com.
Disclaimers
THE SITE, APPLICATION AND SITE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DYNAMIC SIGNAL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DYNAMIC SIGNAL MAKES NO WARRANTY THAT THE SITE, APPLICATION OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DYNAMIC SIGNAL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SITE OR APPLICATION OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE OR APPLICATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DYNAMIC SIGNAL OR THROUGH THE SITE, APPLICATION, OR SITE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR APPLICATION AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR APPLICATION. YOU UNDERSTAND THAT DYNAMIC SIGNAL DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR APPLICATION, NOR DOES DYNAMIC SIGNAL MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR APPLICATION. DYNAMIC SIGNAL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR APPLICATION OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR APPLICATION. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR APPLICATION AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR APPLICATION, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Indemnity
You agree to defend, indemnify, and hold Dynamic Signal, its subsidiaries and affiliates, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Application or Site Content, or your violation of these Terms.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION AND SITE CONTENT REMAINS WITH YOU. NEITHER Dynamic Signal NOR ANY OTHER party involved in creating, producing, or delivering the Site, Application, OR SITE CONTENT will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATION, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS arising ouT of or in connection with thESE TERMS or from the use OF or inability to use the SITE, Application OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the SITE OR APPLICATION OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR APPLICATION, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not DYNAMIC SIGNAL has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE.
In no event will Dynamic Signal’S aggregate liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, OR SITE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DYNAMIC SIGNAL AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Proprietary Rights NoticesAll trademarks, service marks, logos, trade names and any other proprietary designations of Dynamic Signal used herein are trademarks or registered trademarks of Dynamic Signal. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Dynamic Signal and you regarding the Site, Application and Site Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Dynamic Signal and you regarding the Site, Application and Site Content.
Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without Dynamic Signal’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Dynamic Signal may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. NoticesAny notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Dynamic Signal (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
General
The failure of Dynamic Signal to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Dynamic Signal. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Us
If you have any questions about these Terms, please contact us at help@dynamicsignal.com.
DYNAMIC SIGNAL LEADING FANS APPLICATION PRIVACY POLICY
Effective May 5, 2011
Dynamic Signal, Inc. (“Dynamic Signal”, “our”, “us” or “we”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from individuals who interact with Leading Fans, our news sharing application (the “Application”) which we make available via our website, accessible at www.leadingfans.com (this “Site”) and on third party websites. This Privacy Policy applies only to information that you provide to us or that we collect via the Application. This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site or via the Application. You are advised to consult this policy regularly for any changes. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Dynamic Signal Leading Fans Application Terms of Use, accessible at www.leadingfans.com.
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Information Collection and UseOur primary goals in collecting information are to provide and improve our Application, services, features and content, to administer your use of and interaction with the Application (together, the “Service”) and to enable users to enjoy and easily navigate the Site and Application.
Personally Identifiable Information.
· In the course of using the Application, we may ask you to provide us with, or grant us access to, or permission to obtain, certain personally identifiable information that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your name, phone number, profile picture and email address. We use your Personal Information mainly to provide the Service and administer your inquiries.
· We collect Personal Information in connection with (i) your registration to use the Application and (ii) the personalization of your Application profile. You can register to join directly via the Site or Application or by logging into your account with certain third party social networking sites (“SNSs”) (including, but not limited, to Facebook and Twitter) via our Application. If you decide to register by logging into an SNS via our Application, we will obtain the Personal Information you have provided to the SNS (such as your “real” name, profile picture, email address and other information you make publicly available via the applicable SNS) from the account you have with such SNS, and you consent to our access to and use of such information about you in connection with the Application. The information that we obtain from the applicable SNS may depend on the privacy settings you have with the SNS. We will use that Personal Information to create your Application account (“Account”) and you will then become a registered user (“Member”).
· We will use the Personal Information that we obtain from your SNS account to link your Account to your SNS account, if applicable.
· As part of the functionality of the Application, you may link your Account with online accounts you may have with third party services or with third party websites (collectively, “Third Party Service(s)”). You may then share content with or from the applicable Third Party Services by providing your Third Party Service login information or website URL to Dynamic Signal via the Application. By submitting Third Party Service login information or website URLs to Dynamic Signal, you are granting Dynamic Signal permission to access and use (i) that login information or URL and (ii) certain other information from the Third Party Service that you designate (e.g. activity of individuals who interact with content you post via the Application to the Third Party Service), which can be accessed and used by Dynamic Signal within the Application. Dynamic Signal may use and store this information and such information will be presented to you within the Application in order to provide you with certain functionality of the Application.
· We will serve third party advertisements to you via the Application. We will use relevant information we have about you and the individuals who interact with content you post via the Application (collectively, “Followers”) to serve advertisements that are tailored to you and your Followers. We will use Personal Information collected via the Third Party Service, Non-Identifying Information (defined below) and Log Data (defined below) to serve such advertisements to you and to your Followers. For example, if we note that you shared a particular piece of content, we may serve advertisements to you and/or your Followers for a similar piece of content. If you are the Follower of another Member, we may also serve an advertisement to you for an item recently shared by the other Member of whom you are a Follower. Such advertisements will be sent to you in a variety of manners, including, but not limited to, via the Application and via third party websites.
· Any items you share via the Application with any Third Party Service may be viewed by and disclosed to your Followers.
· By submitting Third Party Service information to Dynamic Signal and granting Dynamic Signal permission to access and use such information, you represent that you are entitled to submit and grant access to such information to Dynamic Signal for use for the purposes described herein, without any breach by you of the terms and conditions to which you are bound and that govern your use of the services or businesses for which you have a Third Party Service, and without any obligation by Dynamic Signal to pay any fees or other limitations on usage that may be imposed by operators of the businesses where you hold Third Party Services. Dynamic Signal makes no effort to review the content that will be presented to you in the Application for any purpose, including but not limited to accuracy, legality or non-infringement. Dynamic Signal cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of information, personalization settings or other service interruptions. Dynamic Signal cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any Third Party Service data, communications or personalization settings.
· We also collect the other information that you provide as part of registration and the administration and personalization of your profile webpage (e.g., without limitation, gender, free-form biography, city, zip code (on its own), age and individual preferences) (“Non-Identifying Information”).
· We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.
· Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Application and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
· We also use your Personal Information to contact you with Dynamic Signal newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “user preferences” information. (See “Changing or Deleting Information,” below.)
Log Data. When you interact with the Application, whether as a Member, a Follower of a Member or a non-registered visitor just browsing (any of these, a “User”), our servers automatically record information that your browser sends whenever you visit a website or select a link (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you interacted with our Application or selected a link shared by a Member, pages of our Application or pieces of content with which you interact, the amount of time spent on those pages, information you search for when interacting with the Application or with content shared by a Member, access times and dates, and other statistics. We use this information to monitor and analyze use of the Application and the Service and for the Application’s technical administration, to increase our Application’s functionality and user-friendliness, and to better tailor it to our visitors’ needs. For example, some of this information is collected so that when you visit or interact with the Application again, it will recognize you and serve advertisements and other information appropriate to your interests. We also use this information to verify that visitors who interact with the Application meet the criteria required to process their requests.
Cookies
Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your registration information for future logins to the Application. Second, we utilize session ID cookies to enable certain features of the Application, to better understand how Users interact with the Application or content shared by Members and to monitor aggregate usage by Users and web traffic routing on the Application. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Application and Service and then close your browser. Third party advertisers on the Site may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Application or all functionality of the Service.
Web Beacons
We also use “web beacons,” “pixel tags,” “clear GIFs” or similar means (individually or collectively “Web Beacons”) in our Application. A Web Beacon is an electronic image, often a single pixel, embedded on web pages. Web Beacons are ordinarily not visible to users. Web Beacons allow us to count the number of Users who have visited certain pages of the Application or interacted with content shared by Members, to deliver branded services and to generate statistics about how our Application is used.
Phishing
Identity theft and the practice currently known as “phishing” are of great concern to Dynamic Signal. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, login information, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.
Information Sharing and Disclosure
Public Sharing. When you use the Application, your Member user name, Member profile picture and any content that you have posted will be visible publicly to your Followers, other Members and non-registered visitors.
Members. When you register through the Application and submit your Personal Information to create a profile, other Members will see the information contained in your profile. You can choose what Personal Information you provide as part of your profile. Providing profile information is voluntary and should correlate with the degree of interaction you want to have with other Members. We recommend that you guard your anonymity and sensitive information.
Followers. If as a Follower you interact with content posted by a Member, either directly via the Application or via a Third Party Service, Dynamic Signal will share aggregate information that does not include Personal Information with the applicable Member and with third parties about your interaction with such content. Any aggregated information shared in these contexts will not contain your Personal Information. Depending upon the Third Party Services with which a Member has chosen to connect a Account, Followers will see any content that the Member has chosen to share via such Third Party Services.
Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Third Party Services. We may share the information in your Account (including content you elect to share via the Application) with the Third Party Services with whom you choose to link your Account in order to provide you with enhanced services. For example, our Application allows users to create an Account and login to the Application using their SNS accounts. By using an SNS account to register, you are allowing Dynamic Signal to access your SNS account information and you are agreeing to the applicable SNS’s terms and conditions. We allow Members to post recent activity back to Third Party Services, including, but not limited to SNSs, and give them the option to disable the connection between their Account and a Third Party Service at any time by visiting the User Settings area of our application. Other than what we may share with a Third Party Service in connection with your linking of accounts, the Personal Information an SNS has collected from you is obtained and maintained by the SNS independently of our Application and Service. Other services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other online services you use.
Service Providers. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Application-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Application’s features) or to assist us in analyzing how our Application and Service are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Compliance with Laws and Law Enforcement. Dynamic Signal cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Dynamic Signal or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.
Business Transfers. Dynamic Signal may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Changing or Deleting Your Information
All Members may review, update, correct or delete the Personal Information in their registration profile by making edits via the Application or by contacting us. If you completely delete all such information, then your Account may become deactivated. If you would like us to delete your Account in our system, please contact us at help@dynamicsignal.com with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
International Transfer
Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Dynamic Signal transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Links to Other Sites
Our Site and Application contain links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Our Policy Toward Children
This Application is not directed to children under the age of 13. We do not knowingly collect personally identifiable information from children under age 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at help@dynamicsignal.com. If we become aware that a child under the age of 13 has provided us with Personal Information, we will delete such information from our files.
Contacting Us
If you have any questions about this Privacy Policy, please contact us at help@dynamicsignal.com or at: 1111 Bayhill Drive, Ste. 325, San Bruno, CA 94105.