A. Information You Provide to us: We receive and store any information you knowingly provide to us. For example, we collect Personal Information such as your name, email address, age/birthdate, and gender, and browser information. You can choose not to provide us with certain information, but then you may not be able to register with us or to take advantage of some of our features. We may also anonymize your Personal Information so that you cannot be individually identified, and provide that information to our partners. By agreeing to receive communications from us including survey requests and promotions, you agree to receive such survey requests, promotions and other types of marketing emails from us. You may unsubscribe at any time through the Unsubscribe feature on each email, or by contacting us at firstname.lastname@example.org.
C. E-mail and Other Communications: We may contact you, by email or other means; for example, we may send you promotional offers on behalf of other businesses, or communicate with you about your use of the Website. If you do not want to receive email or other mail from us, please indicate your preference by changing your account settings, selecting the opt-out preference in emails we send to you or by emailing email@example.com. Please note that if you do not want to receive legal notices from us, those legal notices will still govern your use of the Website, and you are responsible for reviewing such legal notices for changes.
III. WILL WE SHARE ANY OF THE PERSONAL INFORMATION WE RECEIVE?
A. No Sale or Rental: We neither rent nor sell your Personal Information in personally identifiable form to anyone. We may employ other companies and people to perform tasks on our behalf and need to share your information with them to provide this Website for your use. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us. We require our agents to enter into nondisclosure agreements or other documents which require them to keep the information confidential.
B. Profile Information: Certain user profile information, including without limitation a user’s name, location, and any video or image content that you upload to the Website, may be displayed to other users to facilitate user interaction within the Website. Your account privacy settings allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others. Any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others. Your username
may also be displayed to other users if and when you send messages or comments or upload images or videos through the Website and other users can contact you through messages and comments. Additionally, if you sign into the Website through a third party social networking site or service, your list of “friends” from that site or service may be automatically imported to the Website, and such “friends,” if they are also registered users of the Website, may be able to access certain non-public information you have entered in your Website user profile. Again, we do not control the policies and practices of any other third party site or service.
C. Sale of Assets: We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that would be transferred. Also, if we (or substantially all of our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information would be one of the assets transferred to or acquired by a third party.
D. Protection of Toothpick Labs and Others: We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of us, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
E. With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties in personally identifiable form, and will be able to prevent the sharing of this information.
V. WHAT PERSONAL INFORMATION CAN I ACCESS? Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us: • name and password • email address • Phone number
The information you can view, update, and delete may change as the Website changes. If you have any questions about viewing or updating information we have on file about you, please contact us at firstname.lastname@example.org. Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: email@example.com.
VI. WHAT CHOICES DO I HAVE?
- You can always opt not to disclose information to use, but keep in mind some information may be needed to register with us or to take advantage of some of our special features.
- You may be able to add, update, or delete information as explained in Section V above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by sending an email to firstname.lastname@example.org. Please note that some information may remain in our records after your deletion request. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
VIII. QUESTIONS OR CONCERNS If you have any questions or concerns regarding our privacy policies, please send us a detailed message to email@example.com, and we will try to resolve your concerns.
Effective: February 2, 2017
You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of any other users with whom You may interact in the course of using the Services. You acknowledge that all Content accessed by you using the Services is at Your own risk and You will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
You will not contribute any Content or otherwise use the Services in a manner that (i) violates any law, statute, ordinance or regulation; (ii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iii) involves commercial activities and/or sales without our prior written consent such as solicitation of investments, contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of us; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that You may have breached the immediately preceding sentence), or for no reason at all. You, not we, remain solely responsible for all Content that You upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and You warrant that You possess all rights necessary to provide such content to us and to grant us the rights to use such information in connection with the Services and as otherwise provided herein. You are responsible for all of Your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while You are not logged on to the Website, or that otherwise interfere with the proper working of, or place an unreasonable load on, the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with Your activity in connection with the Services.
IV. WARRANTY DISCLAIMER. We have no special relationship with or fiduciary duty to You. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Services; what Content You access via the Services; what effects the Content may have on You; how You may interpret or use the Content; or what actions You may take as a result of having been exposed to the Content. You release us from all liability for You having acquired or not acquired Content through the Services. Toothpick Labs is not a dental service provider or adviser; any material on the Website or otherwise provided through the Services is for informational purposes only, and is not a substitute for dental advice, diagnosis or treatment provided by a qualified healthcare provider. We make no representations concerning any content not provided by us which is posted, uploaded, contained in or accessed through the Website or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of such material contained in or accessed through the Services. THE SERVICES, CONTENT, WEBSITE, AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE, ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (1) REGARDING THE ACCEPTANCE OF ANY OFFER, (2) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE, (3) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS WEBSITE OR, WHERE APPLICABLE, WITH ANY SERVICE PROVIDER, OR (4) REGARDING THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE.
V. NO MEDICAL AND DENTAL ADVICE. The content (which includes any text, graphics images or other material contained, accessed or entered on the Website (“Content”)) on this Website is for educational/informational purposes only, and is not a substitute for medical or dental advice, diagnosis or treatment provided by a qualified health care professional. Any communication between You and health care professionals on the Website or through the Service is for general informational purposes only and does not create nor is it intended to create a physician-patient or dentist-patient relationship as defined by federal and state law. Your reliance on any information or Content provided on the Website, whether or not it is provided by a health care professional, is solely at Your own risk. You should always seek the advice of Your physician, dentist or other health care professional for any questions You may have about Your own medical condition.
VI. REGISTRATION AND SECURITY. As a condition to using some aspects of the Services, You may be required to register with us and select a password and user name (“User ID”). You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use a name subject to any rights of a person other than You without appropriate authorization. We reserve the right to refuse registration of or cancel a User ID in our sole discretion. You shall be responsible for maintaining the confidentiality of Your password.
VII. INDEMNITY. You will indemnify and hold us, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of Your access to the Services, use of the Services, Your violation of this Agreement, or the infringement by You or any third party using Your account of any intellectual property or other right of any person or entity.
VIII. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (II) FOR LOSS OF PROFITS, DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICES, OR THE INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES, WHETHER CAUSED BY US OR THIRD PARTIES, ONLINE SERVICE PROVIDERS, OR ANY AGENT OR SUBCONTRACTOR OF ANY OF THE FOREGOING; OR (III) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
X. COMMUNICATION FEES AND CHARGES. You agree to be responsible for any telephone charges and/or Internet service fees You incur in accessing Your account(s) through the Services.
XI. CHANGES IN SERVICES/INTERRUPTIONS IN SERVICE. We reserve the right, in our sole discretion, to revise, discontinue, or otherwise modify, temporarily or permanently, the Services or any part thereof (including, without limitation, the Website, these Service Provider Terms, and any materials related to the Services), or your access thereto, at any time by posting a notice on the Website, or by sending You a notice via email or postal mail. Without limiting the foregoing, we reserve the right at any time to terminate this Agreement as to all prior versions of the Services and/or related materials and limit access to our more recent versions and updates. You shall be responsible for reviewing and becoming familiar with any such modifications.
XII. You may choose to accept or decline our changes by closing, continuing or discontinuing use of the Services to which these changes relate. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
XIII. We may, from time to time perform maintenance upon the Services or experience hardware, software or other problems related to the Services, resulting in interrupted service, delays or errors in the Services. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.
XVII. COPYRIGHT DISPUTE POLICY. We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of our Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is our policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements: If you believe that material or content residing in or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that us is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: It is our policy:
1. to remove or disable access to the infringing material;
2. to notify the content provider, member or user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that we will terminate such content provider’s, member’s or user’s access to the Services.
C. Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the content provider, member or user;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which us is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that us may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion. Please contact our Designated Agent to Receive Notification of Claimed Infringement at the following address: firstname.lastname@example.org.
XVIII. ADDITIONAL MISCELLANEOUS: You acknowledge and agree that we are not a covered entity as the term is defined by the rules and standards promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), nor are we performing a function on behalf of any Service Provider which would cause us to be considered a business associate for purposes of HIPAA. You further acknowledge that we do not and shall not collect, and shall have no responsibility for collecting, any medical history, individually identifiable health information, or any other personal health information of a User which constitutes Protected Health Information (as defined by HIPAA) in connection with the Services (collectively, “User Health Information”). No part of the Services and nothing contained in this Agreement is intended or shall be construed as a requirement, recommendation, endorsement, solicitation, or attempt to exert any influence in any manner upon You to purchase any items or services. You agree to use the Services at the Website and not through any other means. You further agree not to create or provide any other means through which the Services may be used by others, as through server emulators. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not sell or auction any of the Content or any of the rights relating to such Content. Failure to comply with the restrictions and limitations contained in this Section shall result in the immediate, automatic termination of the license granted hereunder and may subject You to civil and/or criminal liability.
XIX. CONTACT. If You have any questions, complaints, or claims with respect to the Services, You may contact us at email@example.com.
Effective: February 2, 2017