'user agreement' : 2
Terms of Use :: 2008/09/05 16:57
1. Your Acceptance
2. Fooyoh Website 3. DESCRIPTION OF SERVICE
4. Website Access 5. Intellectual Property Rights 6. User Submissions 7. Warranty Disclaimer 8. Limitation of Liability 9. Indemnity 10. Ability to Accept Terms of Service 11. Assignment 12. DEALINGS WITH ADVERTISERS 13. General
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all
Content available through the Fooyoh.com domain name, the "Fooyoh
Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS
AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF
FOOYOH'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT
http://www.Fooyoh.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY
REFERENCE. If you do not agree to any of these terms, then please do
not use the Fooyoh Website.
These Terms of Service apply to all users of the Fooyoh Website,
including users who are also contributors of any content, information,
and other materials or services on the Website. The Fooyoh Website may
contain links to third party websites that are not owned or controlled
by Fooyoh. Fooyoh has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party
websites. In addition, Fooyoh will not and cannot censor or edit the
content of any third-party site. By using the Website, you expressly
relieve Fooyoh from any and all liability arising from your use of any
third-party website. Accordingly, we encourage you to be aware when you
leave the Fooyoh Website and to read the terms and conditions and
privacy policy of each other website that you visit.
Fooyoh provides users with access to a rich collection of resources
through its network of properties which may be accessed through any
various medium or device now known or hereafter developed (the
"Service"). You also understand and agree that the Service may include
advertisements and that these advertisements are necessary for Fooyoh
to provide the Service. You also understand and agree that the Service
may include certain communications from Fooyoh, such as service
announcements, administrative messages and the Fooyoh Newsletter, and
that these communications are considered part of Fooyoh membership and
you will not be able to opt out of receiving them. Unless explicitly
stated otherwise, any new features that augment or enhance the current
Service, including the release of new Fooyoh properties, shall be
subject to the Terms of Service. You understand and agree that the
Service is provided "AS-IS" and that Fooyoh assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for
obtaining access to the Service, and that access may involve
third-party fees (such as Internet service provider). You are
responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide
and are responsible for all equipment necessary to access the Service.
A. Fooyoh hereby grants you permission to use
the Website as set forth in this Terms of Service, provided that: (i)
your use of the Website as permitted is solely for your personal,
noncommercial use; (ii) you will not copy or distribute any part of the
Website in any medium without Fooyoh's prior written authorization;
(iii) you will not alter or modify any part of the Website other than
as may be reasonably necessary to use the Website for its intended
purpose; and (iv) you will otherwise comply with the terms and
conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to
create an account. You may never use another's account without
permission. When creating your account, you must provide accurate and
complete information. You are solely responsible for the activity that
occurs on your account, and you must keep your account password secure.
You must notify Fooyoh immediately of any breach of security or
unauthorized use of your account. Although Fooyoh will not be liable
for your losses caused by any unauthorized use of your account, you may
be liable for the losses of Fooyoh or others due to such unauthorized
use. C. You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," "offline readers," etc., that
accesses the Website in a manner that sends more request messages to
the Fooyoh servers in a given period of time than a human can
reasonably produce in the same period by using a convention on-line web
browser. Notwithstanding the foregoing, Fooyoh grants the operators of
public search engines permission to use spiders to copy materials from
the site for the sole purpose of creating publicly available searchable
indices of the materials, but not caches or archives of such materials.
Fooyoh reserves the right to revoke these exceptions either generally
or in specific cases. You agree not to collect or harvest any
personally identifiable information, including account names, from the
Website, nor to use the communication systems provided by the Website
for any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Website with respect to their
User Submissions.
The content on the Fooyoh Website, except all User Submissions (as
defined below), including without limitation, the text, software,
scripts, graphics, photos, sounds, videos, interactive features and the
like ("Content") and the trademarks, service marks and logos contained
therein ("Marks"), are owned by or licensed to Fooyoh, subject to
copyright and other intellectual property rights under foreign laws and
international conventions. Content on the Website is provided to you AS
IS for your information and personal use only and may not be used,
copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective owners.
Fooyoh reserves all rights not expressly granted in and to the Website
and the Content. You agree to not engage in the use, copying, or
distribution of any of the Content other than expressly permitted
herein, including any use, copying, or distribution of User Submissions
of third parties obtained through the Website for any commercial
purposes. If you download or print a copy of the Content for personal
use, you must retain all copyright and other proprietary notices
contained therein. You agree not to circumvent, disable or otherwise
interfere with security related features of the Fooyoh Website or
features that prevent or restrict use or copying of any Content or
enforce limitations on use of the Fooyoh Website or the Content
therein.
A. The Fooyoh Website may now or in the
future permit the submission of content or other communications
submitted by you and other users ("User Submissions") and the hosting,
sharing, and/or publishing of such User Submissions. You understand
that whether or not such User Submissions are published, Fooyoh does
not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and
the consequences of posting or publishing them. In connection with User
Submissions, you affirm, represent, and/or warrant that: (i) you own or
have the necessary licenses, rights, consents, and permissions to use
and authorize Fooyoh to use all patent, trademark, trade secret,
copyright or other proprietary rights in and to any and all User
Submissions to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of Service; and (ii)
you have the written consent, release, and/or permission of each and
every identifiable individual person in the User Submission to use the
name or likeness of each and every such identifiable individual person
to enable inclusion and use of the User Submissions in the manner
contemplated by the Website and these Terms of Service. For clarity,
you retain all of your ownership rights in your User Submissions.
However, by submitting the User Submissions to Fooyoh, you hereby grant
Fooyoh a worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare derivative
works of, display, and perform the User Submissions in connection with
the Fooyoh Website and Fooyoh's (and its successor's) business,
including without limitation for promoting and redistributing part or
all of the Fooyoh Website (and derivative works thereof) in any media
formats and through any media channels. You also hereby grant each user
of the Fooyoh Website a non-exclusive license to access your User
Submissions through the Website, and to use, reproduce, distribute,
prepare derivative works of, display and perform such User Submissions
as permitted through the functionality of the Website and under these
Terms of Service. The foregoing license granted by you terminates once
you remove or delete a User Submission from the Fooyoh Website.
C. In connection with User Submissions, you further agree that you will
not: (i) submit material that is copyrighted, protected by trade secret
or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights
or have permission from their rightful owner to post the material and
to grant Fooyoh all of the license rights granted herein; (ii) publish
falsehoods or misrepresentations that could damage Fooyoh or any third
party; (iii) submit material that is unlawful, obscene, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially or
ethnically offensive, or encourages conduct that would be considered a
criminal offense, give rise to civil liability, violate any law, or is
otherwise inappropriate; (iv) post advertisements or solicitations of
business: (v) impersonate another person. Fooyoh does not endorse any
User Submission or any opinion, recommendation, or advice expressed
therein, and Fooyoh expressly disclaims any and all liability in
connection with User Submissions. Fooyoh does not permit copyright
infringing activities and infringement of intellectual property rights
on its Website, and Fooyoh will remove all Content and User Submissions
if properly notified that such Content or User Submission infringes on
another's intellectual property rights. Fooyoh reserves the right to
remove Content and User Submissions without prior notice. Fooyoh will
also terminate a User's access to its Website, if they are determined
to be a repeat infringer. A repeat infringer is a User who has been
notified of infringing activity more than twice and/or has had a User
Submission removed from the Website more than twice. Fooyoh also
reserves the right to decide whether Content or a User Submission is
appropriate and complies with these Terms of Service for violations
other than copyright infringement and violations of intellectual
property law, such as, but not limited to, pornography, obscene or
defamatory material, or excessive length. Fooyoh may remove such User
Submissions and/or terminate a User's access for uploading such
material in violation of these Terms of Service at any time, without
prior notice and at its sole discretion. D. In particular, if you are a
copyright owner or an agent thereof and believe that any User
Submission or other content infringes upon your copyrights, you may
submit a notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail): (i)
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been
infringed, 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; (iii) 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 the service provider to
locate the material;
(iv) Information reasonably sufficient to permit the service provider
to contact you, such as an address, telephone number, and, if
available, an electronic mail; (v) A statement that you have a good
faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law; and (vi)
A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed. E. You
understand that when using the Fooyoh Website, you will be exposed to
User Submissions from a variety of sources, and that Fooyoh is not
responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such User Submissions. You further
understand and acknowledge that you may be exposed to User Submissions
that are inaccurate, offensive, indecent, or objectionable, and you
agree to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against Fooyoh with respect thereto, and
agree to indemnify and hold Fooyoh, its Owners/Operators, affiliates,
and/or licensors, harmless to the fullest extent allowed by law
regarding all matters related to your use of the site.
F. Fooyoh permits you to link to materials on the Website for personal,
non-commercial purposes only. In addition, Fooyoh provides an
"Embeddable Player" feature, which you may incorporate into your own
personal, non-commercial websites for use in accessing the materials on
the Website, provided that you include a prominent link back to the
Fooyoh website on the pages containing the Embeddable Player. Fooyoh
reserves the right to discontinue any aspect of the Fooyoh Website at
any time.
YOU AGREE THAT YOUR USE OF THE FOOYOH
WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, FOOYOH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND
YOUR USE THEREOF. FOOYOH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF
ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V)
ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR 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 FOOYOH WEBSITE. FOOYOH
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
FOOYOH WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND FOOYOH WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL FOOYOH, ITS
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY
CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE FOOYOH WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FOOYOH SHALL NOT BE
LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU. Fooyoh makes no representations that
the Fooyoh Website is appropriate or available for use in other
locations. Those who access or use the Fooyoh Website from other
jurisdictions do so at their own volition and are responsible for
compliance with local law.
You agree to defend, indemnify and hold harmless Fooyoh, its parent
corporation, officers, directors, employees and agents, from and
against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's
fees) arising from: (i) your use of and access to the Fooyoh Website;
(ii) your violation of any term of these Terms of Service; (iii) your
violation of any third party right, including without limitation any
copyright, property, or privacy right; or (iv) any claim that one of
your User Submissions caused damage to a third party. This defense and
indemnification obligation will survive these Terms of Service and your
use of the Fooyoh Website.
You affirm that you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian consent, and
are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in
these Terms of Service, and to abide by and comply with these Terms of
Service. In any case, you affirm that you are over the age of 13, as
the Fooyoh Website is not intended for children under 13. If you are
under 13 years of age, then please do not use the Fooyoh
Website—there are lots of other great web sites for you. Talk to your
parents about what sites are appropriate for you.
These Terms of Service, and any rights and
licenses granted hereunder, may not be transferred or assigned by you,
but may be assigned by Fooyoh without restriction.
You agree that: (i) the Fooyoh Website shall be
deemed a passive website that does not give rise to personal
jurisdiction over Fooyoh, either specific or general. Any claim or
dispute between you and Fooyoh that arises in whole or in part from the
Fooyoh Website shall be decided exclusively by a court of competent
jurisdiction. These Terms of Service, together with the Privacy Notice
at http://www.Fooyoh.com/privacy and any other legal notices published
by Fooyoh on the Website, shall constitute the entire agreement between
you and Fooyoh concerning the Fooyoh Website. If any provision of these
Terms of Service is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of these Terms of Service, which
shall remain in full force and effect. No waiver of any term of this
these Terms of Service shall be deemed a further or continuing waiver
of such term or any other term, and Fooyoh's failure to assert any
right or provision under these Terms of Service shall not constitute a
waiver of such right or provision. Fooyoh reserves the right to amend
these Terms of Service at any time and without notice, and it is your
responsibility to review these Terms of Service for any changes. Your
use of the Fooyoh Website following any amendment of these Terms of
Service will signify your assent to and acceptance of its revised
terms. YOU AND FOOYOH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE FOOYOH WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
Privacy Policy :: 2008/09/05 16:55
Fooyoh Privacy Notice
The Information Fooyoh Collects Cookies Information: When you visit the Fooyoh Sites, we may send one
or more cookies - a small text file containing a string of alphanumeric
characters - to your computer that uniquely identifies your browser.
Fooyoh uses both session cookies and persistent cookies. A persistent
cookie remains after you close your browser. Persistent cookies may be
used by your browser on subsequent visits to the site. Persistent
cookies can be removed by following your web browser help file
directions. A session cookie is temporary and disappears after you
close your browser. You can reset your web browser to refuse all
cookies or to indicate when a cookie is being sent. However, some
features of the Fooyoh Sites may not function properly if the ability
to accept cookies is disabled. Log File Information: When you use the Fooyoh Sites, our servers
automatically record certain information that your web browser sends
whenever you visit any website. These server logs may include
information such as your web request, Internet Protocol ("IP") address,
browser type, browser language, referring / exit pages and URLs,
platform type, number of clicks, domain names, landing pages, pages
viewed and the order of those pages, the amount of time spent on
particular pages, the date and time of your request, and one or more
cookies that may uniquely identify your browser. Clear Gifs Information: When you use the Fooyoh Sites, we may employ
"clear gifs" (a.k.a. Web Beacons) which are used to track the online
usage patterns of our Users anonymously (i.e., in a
non-personally-identifiable manner). In addition, we may also use clear
gifs in HTML-based emails sent to our Users to track which emails are
opened by recipients The Way Fooyoh Uses Information We do not use your email address or other personally identifiable
information to send commercial or marketing messages without your
consent or except as part of a specific program or feature for which
you will have the ability to opt-in or opt-out. We may, however, use
your email address without further consent for non-marketing or
administrative purposes (such as notifying you of major Fooyoh Site
changes or for customer service purposes). We use both your personally identifiable information and certain
non-personally-identifiable information (such as anonymous User usage
data, cookies, IP addresses, browser type, clickstream data, etc.) to
improve the quality and design of the Fooyoh Sites and to create new
features, promotions, functionality, and services by storing, tracking,
and analyzing User preferences and trends. We use cookies, clear gifs, and log file information to: (a) remember
information so that you will not have to re-enter it during your visit
or the next time you visit the Fooyoh Sites; (b) provide custom,
personalized content and information; (c) monitor the effectiveness of
our marketing campaigns; (d) monitor aggregate metrics such as total
number of visitors, pages viewed, etc.; and (e) track your entries,
submissions, and status in promotions, sweepstakes, and contests. When Fooyoh Discloses Information We do not share your personally identifiable information (such as name
or email address) with other, third-party companies for their
commercial or marketing use without your consent or except as part of a
specific program or feature for which you will have the ability to
opt-in or opt-out. We may release personally identifiable information and/or
non-personally-identifiable information if required to do so by law, or
in the good-faith belief that such action is necessary to comply with
state and federal laws or respond to a court order, subpoena, or search
warrant. Fooyoh also reserves the right to disclose personally identifiable
information and/or non-personally-identifiable information that Fooyoh
believes, in good faith, is appropriate or necessary to enforce our
Terms of Use, take precautions against liability, to investigate and
defend itself against any third-party claims or allegations, to assist
government enforcement agencies, to protect the security or integrity
of our web site, and to protect the rights, property, or personal
safety of Fooyoh, our Users or others. Your Choices You
may update or correct your personal profile information and email
preferences at any time by visiting your account profile page. Please note that media files uploaded by Users to the Fooyoh Sites
cannot be removed and remain subject to our Terms of Use.
To protect your privacy and security, we take reasonable steps (such as
requesting a unique password) to verify your identity before granting
you profile access or making corrections. Please contact Fooyoh with any questions or comments about this Privacy
Notice, your personal information, your consent, or your opt-in or
opt-out choices using this contact form.
Third-party Advertisers, Links to Other Sites Fooyoh does not provide any personally identifiable information to
these third-party ad servers or ad networks without your consent or
except as part of a specific program or feature for which you will have
the ability to opt-in or opt-out. However, please note that if an
advertiser asks Fooyoh to show an advertisement to a certain audience
(for example, men ages 18-34) or audience segment (for example, men
ages 18-24 who have viewed certain channels of content) and you respond
to that advertisement, the advertiser or ad-server may conclude that
you fit the description of the audience they are trying to reach. You should consult the respective privacy policies of these third-party
ad servers or ad networks. Fooyoh's privacy policy does not apply to,
and we cannot control the activities of, such other advertisers or web
sites.
Our Commitment To Data Security: Our Commitment To Children's Privacy In the Event of Merger, Sale, or Bankruptcy Changes and updates to this Privacy Notice
Fooyoh.com ("Fooyoh") recognizes that its customers, visitors, users,
and others who use www.fooyoh.com or other web sites owned or operated
by Fooyoh (the "Fooyoh Sites") (collectively or individually "Users")
value their privacy. This Privacy Notice details important information
regarding the use and disclosure of User information collected on the
Fooyoh Sites. Fooyoh provides this Privacy Notice to help you make an
informed decision about whether to use or continue using the Fooyoh
Sites.
This Privacy Notice is incorporated into and is subject to the Fooyoh
Terms of Use. Your use of the Fooyoh Sites and any personal information
you provide on the Fooyoh Sites remains subject to the terms of this
Privacy Notice and our Terms of Use.
Please note that any content posted at the direction of Users onto the
Fooyoh Sites becomes published content and is not considered personally
identifiable information subject to this Privacy Notice.
User Provided Information: You provide certain personally identifiable
information (such as your name and email address) to Fooyoh when
choosing to participate in various activities on the Fooyoh Sites such
as reading epapers and emagazines, uploading content, posting messages
in our forums or in the comments section, entering contests or
sweepstakes, taking advantage of promotions, responding to surveys, or
subscribing to newsletters or other mailing lists.
If you submit personally identifiable information to us through the
Fooyoh Sites, then we use your personal information to operate,
maintain, and provide to you the features and functionality of the
Fooyoh Sites.
Any personal information or content that you voluntarily disclose
online (on discussion boards, in messages and chat areas, within your
public profile page, etc.) becomes publicly available and can be
collected and used by others. Your account name (not your email
address) is displayed to other Users when you upload content or send
messages through the Fooyoh Sites and other Users can contact you
through messages and comments. Any content that you submit to the
Fooyoh Sites may be redistributed through the internet and other media
channels, and may be viewed by the general public.
We provide personally identifiable information and
non-personally-identifiable information to our subsidiaries, affiliated
companies, or other businesses or persons for the purpose of processing
such information on our behalf. We require that these parties agree to
process such information in compliance with our privacy policy, and we
use reasonable efforts to limit their use of such information and to
use other appropriate confidentiality and security measures.
We do share non-personally-identifiable information (such as anonymous
User usage data, referring / exit pages and URLs, platform types,
number of clicks, etc.) with interested third-parties to assist them in
understanding the usage patterns for certain content, services,
advertisements, promotions, and/or functionality on the Fooyoh Sites.
You may, of course, decline to submit personally identifiable
information through the Fooyoh Sites, in which case Fooyoh may not be
able to provide certain services to you.
You are responsible for maintaining the secrecy of your unique password and account information at all times.
Fooyoh allows other
companies, called third-party ad servers or ad networks, to serve
advertisements within the Fooyoh Sites. These third-party ad servers or
ad networks use technology to send, directly to your browser, the
advertisements and links that appear on the Fooyoh Sites. They
automatically receive your IP address when this happens. They may also
use other technologies (such as cookies, JavaScript, or Web Beacons) to
measure the effectiveness of their advertisements and to personalize
the advertising content.
Fooyoh uses commercially
reasonable physical, managerial, and technical safeguards to preserve
the integrity and security of your personal information. We cannot,
however, ensure or warrant the security of any information you transmit
to Fooyoh and you do so at your own risk. Once we receive your
transmission of information, Fooyoh makes commercially reasonable
efforts to ensure the security of our systems. However, please note
that this is not a guarantee that such information may not be accessed,
disclosed, altered, or destroyed by breach of any of our physical,
technical, or managerial safeguards.
If Fooyoh learns of a security systems breach, then we may attempt to
notify you electronically so that you can take appropriate protective
steps. Fooyoh may post a notice on the Fooyoh Sites if a security
breach occurs. Depending on where you live, you may have a legal right
to receive notice of a security breach in writing. To receive a free
written notice of a security breach (or to withdraw your consent from
receiving electronic notice) you should notify us using this contact
form.
Protecting the privacy of
young children is especially important. For that reason, Fooyoh does
not knowingly collect or maintain personally identifiable information
or non-personally-identifiable information on the Fooyoh Sites from
persons under 13 years of age, and no part of our website is directed
to persons under 13. If you are under 13 years of age, then please do
not use or access the Fooyoh Sites at any time or in any manner. If
Fooyoh learns that personally identifiable information of persons under
13 years of age has been collected on the Fooyoh Sites without verified
parental consent, then Fooyoh will take the appropriate steps to delete
this information.
In the event that Fooyoh is acquired by or merged with a third party
entity, we reserve the right, in any of these circumstances, to
transfer or assign the information we have collected from our Users as
part of such merger, acquisition, sale, or other change of control. In
the unlikely event of our bankruptcy, insolvency, reorganization,
receivership, or assignment for the benefit of creditors, or the
application of laws or equitable principles affecting creditors’
rights generally, we may not be able to control how your personal
information is treated, transferred, or used.
This Privacy Notice may be revised periodically and this will be
reflected by the "effective date" below. Please revisit this page to
stay aware of any changes. In general, we only use your personal
information in the manner described in the Privacy Notice in effect
when we received the personal information you provided. Your continued
use of the Fooyoh Sites constitutes your agreement to this Privacy
Notice and any future revisions.
For revisions to this Privacy Notice that may be materially less
restrictive on our use or disclosure of the personal information you
have already provided to us, we will attempt to obtain your consent
before implementing such revisions with respect to such information.


