OpenFloodgate Terms of Service
1.
Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the OpenFloodgate.com domain name, the "OpenFloodgate Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF OPENFLOODGATE’S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.openfloodgate.com, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. These Terms of Service and our Privacy Notice govern your access to and use of the Website, including any content, information, products or services therein. This is a legal agreement between you and OpenFloodgate.
If you do not agree to any of these terms, then please do not use the OpenFloodgate Website.
2.
OpenFloodgate Website
These Terms of Service apply to all
users of the OpenFloodgate Website, including users who are also
contributors of written content, information, and other materials or
services on the Website. The OpenFloodgate Website contains written
content, information, and other materials that are not owned or
controlled by OpenFloodgate. OpenFloodgate has no control over, and
assumes no responsibility for, the content, privacy policies, or
practices of any third party written content, information, or other
materials. In addition, OpenFloodgate will not and cannot censor or
edit the content of any third-party written content, information, or
other materials. By using the Website, you expressly relieve
OpenFloodgate from any and all liability arising from your use of any
third-party written content, information, and other materials.
Accordingly, we encourage you contact the responsible third-party for
the terms and conditions of use, and privacy notice of said party’s
written content, information, or other materials prior to use.
Additionally, the OpenFloodgate Website may contain links to third party websites that are not owned or controlled by OpenFloodgate. OpenFloodgate has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, OpenFloodgate will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve OpenFloodgate 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 OpenFloodgate Website and to read the terms and conditions and privacy notice of each other website that you visit.
3.
Website Access
A. OpenFloodgate 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
OpenFloodgate'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 that includes a user name and
password. 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 OpenFloodgate immediately of any breach of security or
unauthorized use of your account. Although OpenFloodgate will not be
liable for your losses caused by any unauthorized use of your
account, you may be liable for the losses of OpenFloodgate or others
due to such unauthorized use.
C. At this time, the Website and services are offered for free at no cost to you. OpenFloodgate may decide at any time, at its sole discretion, to collect fees related to use of the Website and services, including, but not limited to, fees for viewing Content, User Submission and for using the Website in general. You will be given notice of the for-a-fee service’s activation by our posting a notice on the Website and will have the opportunity to agree to updated Terms of Service and rates before being charged (as applicable).
D. 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 OpenFloodgate servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, OpenFloodgate grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. OpenFloodgate 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.
4.
Intellectual Property Rights
The content on the
OpenFloodgate Website, except all User Submissions (as defined
below), including without limitation, the text, software, scripts,
graphics, photos, sounds, music, videos, interactive features and the
like ("Content") and the trademarks, service marks and
logos contained therein ("Marks"), are owned by or licensed
to OpenFloodgate, subject to copyright and other intellectual
property rights under United States and 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. OpenFloodgate 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 OpenFloodgate Website or features that prevent or
restrict use or copying of any Content or enforce limitations on the
use of the OpenFloodgate Website or the Content therein.
5.
User Submissions
A. The OpenFloodgate Website may now or
in the future permit the submission of text, software, scripts,
graphics, photos, sounds, music, videos, interactive 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, OpenFloodgate 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 OpenFloodgate 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
OpenFloodgate, you hereby grant OpenFloodgate 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 OpenFloodgate
Website and OpenFloodgate's (and its successor's) business, including
without limitation for promoting and redistributing part or all of
the OpenFloodgate Website (and derivative works thereof) in any media
formats and through any media channels. You also hereby grant each
user of the OpenFloodgate Website a non-exclusive license to access
your User Submissions through the Website, and to use, reproduce,
distribute, display and perform such User Submissions as permitted
through the functionality of the Website and under these Terms of
Service. Licensor acknowledges that OpenFloodgate has no control over
User Submissions following access and/or downloading through the
Website, and that OpenFloodgate will be held harmless with respect to
any and all license and intellectual property violations by users
following access and/or downloading through the 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 OpenFloodgate all of the license rights granted
herein; (ii) publish falsehoods or misrepresentations that could
damage OpenFloodgate 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.
D. OpenFloodgate does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and OpenFloodgate expressly disclaims any and all liability in connection with User Submissions. OpenFloodgate does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and OpenFloodgate will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. OpenFloodgate reserves the right to remove Content and User Submissions without prior notice. OpenFloodgate 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. OpenFloodgate 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. OpenFloodgate 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.
E.
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.
OpenFloodgate's designated Copyright Agent to
receive notifications of claimed infringement is: OpenFloodgate, 3130
Alpine Road, Suite 288-277, Portola Valley, CA 94028. For clarity,
only DMCA notices should go to the Copyright Agent; any other
feedback, comments, requests for technical support, and other
communications should be directed to OpenFloodgate customer service
through www.OpenFloodgate.com. You acknowledge that if you fail to
comply with all of the requirements of this Section 5(D), your DMCA
notice may not be valid.
F. You understand that when using
the OpenFloodgate Website, you will be exposed to User Submissions
from a variety of sources, and that OpenFloodgate 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 OpenFloodgate with respect thereto, and
agree to indemnify and hold OpenFloodgate, its Owners/Operators,
affiliates, and/or licensors, harmless to the fullest extent allowed
by law regarding all matters related to your use of the Website.
G.
OpenFloodgate permits you to link to materials on the Website for
personal, non-commercial purposes only. OpenFloodgate reserves the
right to discontinue any aspect of the OpenFloodgate Website at any
time.
6. Termination; Cancellation
We may terminate or suspend your access to the Website and services and remove any material (including User Submissions) from the Website or our servers, in our sole discretion, at any time for any reason without notice to you. Further, if we believe, in our sole discretion, that a violation of these Terms of Service has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Service, including without limitation any violation arising from any User Submissions. We may seek to gather information from a Member or user who is suspected of violating these Terms of Service (or from any other Member or user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available any User Submissions, emails, or other materials that are believed to violate these Terms of Service.
You may terminate your OpenFloodgate account at any time and for any reason by sending an email to cancel@OpenFloodgate.com. Any suspension, termination or cancellation shall not affect your obligations to OpenFloodgate under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
7.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE
OPENFLOODGATE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FulLEST
EXTENT PERMITTED BY LAW, OPENFLOODGATE, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPliED, IN
CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. OPENFLOODGATE MAKES
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES liNKED TO THIS
WEBSITE 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 OR TO 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 OPENFLOODGATE
WEBSITE. OPENFLOODGATE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBIliTY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE OPENFLOODGATE WEBSITE OR ANY
HYPERliNKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND OPENFLOODGATE 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.
8.
Limitation of Liability
IN NO EVENT SHALL OPENFLOODGATE,
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 OR TO 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 OPENFLOODGATE WEBSITE, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT OPENFLOODGATE 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 OPENFLOODGATE 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.
The Website is controlled
and offered by OpenFloodgate from its facilities in the United States
of America. OpenFloodgate makes no representations that the
OpenFloodgate Website is appropriate or available for use in other
locations. Those who access or use the OpenFloodgate Website from
other jurisdictions do so at their own volition and are responsible
for compliance with local law.
9.
Indemnity
You agree to defend, indemnify and hold harmless
OpenFloodgate, 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 OpenFloodgate 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 OpenFloodgate Website.
10.
Ability to Accept Terms of Service
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 OpenFloodgate
Website is not intended for children under 13. If you are under 13
years of age, then please do not use the OpenFloodgate Website. Talk
to your parents or guardian about what sites are appropriate for you.
11.
Assignment
These Terms of Service, and any rights and
licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by OpenFloodgate without restriction. Any
prohibited assignment will be null and void.
12.
General
In the event that any
provision in these Terms of Service is held to be invalid or
unenforceable, the remaining provisions will remain in full force and
effect. The failure of a party to enforce any right or provision of
these Terms of Service will not be deemed a waiver of such right or
provision. The relationship of the parties under this Terms
of Service is that of independent contractors, and this Terms of
Service will not be construed to imply that either party is the
agent, employee, or joint venturer of the other. This Terms of
Service shall be governed by and interpreted in accordance with the
laws of the State of California excluding that body of law pertaining
to conflict of laws. Any legal action or proceeding arising under
this Terms of Service will be brought exclusively in courts located
in California and the parties hereby irrevocably consent to the
personal jurisdiction and venue therein. You agree that this Terms of
Service and the rules, restrictions and policies contained herein,
and OpenFloodgate’s enforcement thereof, are not intended to
confer and do not confer any rights or remedies upon any person other
than you and OpenFloodgate. This Terms of Service together with the
rules and policies of OpenFloodgate constitutes the entire agreement
between OpenFloodgate and you with respect to the subject matter
hereof. Any notice or other communication to be given hereunder will
be in writing and given (a) by OpenFloodgate via email (in each case
to the address that you provide), (b) a posting on the Website, or
(c) to such other addresses as OpenFloodgate may specify in writing.
The date of receipt shall be deemed the date on which such notice is
transmitted. YOU AND OPENFLOODGATE AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE OPENFLOODGATE WEBSITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
OpenFloodgate Privacy Notice (Effective Date: January 15, 2007)
OpenFloodgate, Inc. ("OpenFloodgate") recognizes that its customers, visitors, users, and others who use www.OpenFloodgate.com or other web sites owned or operated by OpenFloodgate (the "OpenFloodgate Site") (collectively or individually "Users") value their privacy. This Privacy Notice details important information regarding the use and disclosure of User information collected on the OpenFloodgate Site. OpenFloodgate provides this Privacy Notice to help you make an informed decision about whether to use or continue using the OpenFloodgate Site.
This Privacy Notice is incorporated into and is subject to the OpenFloodgate eTerms of Service. Your use of the OpenFloodgate Site and any personal information you provide on the OpenFloodgate Site remains subject to the terms of this Privacy Notice and our Terms of Service.
Please note that any text, software, scripts, graphics, photos, sounds, music, videos, interactive or other content posted at the direction of Users onto the OpenFloodgate Site becomes published content and is not considered personally identifiable information subject to this Privacy Notice.
The Information OpenFloodgate Collects
User Provided Information: You provide certain personally identifiable information (including but not limited to your name and email address) to OpenFloodgate when choosing to participate in various activities on the OpenFloodgate Site such as uploading text, software, scripts, graphics, photos, sounds, music, videos, interactive or other communications submitted by you, posting messages in our forums or in any comments sections, entering contests or sweepstakes, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.
Cookies Information: When you visit the OpenFloodgate Site, 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. OpenFloodgate 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 OpenFloodgate 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 OpenFloodgate Site may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the OpenFloodgate Site, 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 OpenFloodgate Site, 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 OpenFloodgate Uses Information
If you submit personally identifiable information to us through the OpenFloodgate Site, then we use your personally identifiable information to operate, maintain, and provide to you the features and functionality of the OpenFloodgate Site.
Any personally identifiable information or text, software, scripts, graphics, photos, sounds, music, videos, interactive or other communications submitted by you 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 text, software, scripts, graphics, photos, sounds, music, videos, interactive or other communications or send messages through the OpenFloodgate Site and other Users can contact you through messages and comments. Any text, software, scripts, graphics, photos, sounds, music, videos, interactive or other communications that you submit to the OpenFloodgate Site may be redistributed through the internet and other media channels, and may be viewed by the general public.
We may also use your personally identifiable information to contact you with OpenFloodgate newsletters, promotional materials and other information that may be of interest to you. Where you agree to the terms and conditions of the OpenFloodgate Terms of Service Agreement you are given the opportunity to opt-in to the receipt of such information from us in the future. If you decide at any time that you no longer wish to receive such information from us, you may follow the unsubscribe instructions provided in the communication or you may also update your personal profile information. (See “Your Choices,” below.)
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 OpenFloodgate Site 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 OpenFloodgate Site; (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 OpenFloodgate Discloses Information
We provide personally identifiable information and non-personally-identifiable information to our service providers, subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf and providing the services.
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 (such as U.S. Copyright Law) or respond to a court order, subpoena, or search warrant.
OpenFloodgate also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that OpenFloodgate believes, in good faith, is appropriate or necessary to enforce our Terms of Service, 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 OpenFloodgate Site, and to protect the rights, property, or personal safety of OpenFloodgate, our Users or others.
Your Choices
You may decline to submit personally identifiable information through the OpenFloodgate Site, in which case OpenFloodgate may not be able to provide certain services to you. You may update or correct your personal profile information and email preferences at any time by visiting your registration page. Please note that media files uploaded by Users to the OpenFloodgate Site cannot be removed and remain subject to our Terms of Service.
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. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Please contact OpenFloodgate with any questions or comments about this Privacy Notice, your personally identifiable information, your consent, or your opt-in or opt-out choices using our contact form.
Third-party Advertisers, Links to Other Site
OpenFloodgate allows other companies, called third-party ad servers or ad networks, to serve advertisements within the OpenFloodgate Site. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the OpenFloodgate Site. 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 you see.
OpenFloodgate 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 OpenFloodgate to show an advertisement to a certain audience (for example, men ages 21-34) or audience segment (for example, men ages 21-34 who have viewed certain content groups) 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. The advertiser may also use information regarding your use of the OpenFloodgate Site, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.
You should consult the respective privacy policies of these third-party ad servers or ad networks (see links below) for more information on their practices and for instructions on how to opt-out of certain practices. OpenFloodgate's privacy notice does not apply to, and we cannot control the activities of, such other advertisers or web sites.
OpenFloodgate has, or anticipates having, relationships with one or more of the following third-party ad servers or ad networks: 24/7 Real Media, Inc., Adbrite, Inc., DoubleClick, Fastclick, Inc., Google, Inc., and/or Tribal® Fusion.
Our Commitment To Data Security
OpenFloodgate uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to OpenFloodgate and you do so at your own risk. Once we receive your transmission of information, OpenFloodgate 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.
Our Commitment To Children’s' Privacy
Protecting the privacy of young children is especially important. For that reason, OpenFloodgate does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the OpenFloodgate Site from persons under 13 years of age, and no part of our OpenFloodgate Site is directed to persons under 13. If you are under 13 years of age, then please do not use or access the OpenFloodgate Site at any time or in any manner. If OpenFloodgate learns that personally identifiable information of persons under 13 years of age has been collected on the OpenFloodgate Site without verified parental consent, then OpenFloodgate will take the appropriate steps to delete this information.
Special Note to International Users
The OpenFloodgate Site is hosted in the United States and is intended for and directed to Users in the United States. If you are a User accessing the OpenFloodgate Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the OpenFloodgate Site, which are governed by U.S. law, this Privacy Notice, and our Terms of Service, you are transferring your personally identifiable information to the United States and you consent to that transfer.
In the Event of Merger, Sale, or Bankruptcy
In the event that OpenFloodgate 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 personally identifiable information is treated, transferred, or used.
Changes and Updates to this Privacy Notice
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. Your continued use of the OpenFloodgate Site constitutes your agreement to this Privacy Notice and any future revisions.
Contact Information
Please contact OpenFloodgate with any questions or comments about this Privacy Notice using our contact form.