This policy tells you what information we gather from you, how we may use or disclose that information and our efforts to protect it. Please read this policy carefully, and feel free to contact us at firstname.lastname@example.org or at the mailing address set forth below if you have any questions regarding its content.
In connection with your use of the Site and the services provided in connection with the Site (such services and Site, collectively, the "Service"), we ask for and may collect a variety of information from and about you in the following ways.
Our servers may automatically record non-personally identifiable information ("Log Data") from anyone who uses our Service or comes to our Site. This Log Data may include your IP address, browser type, referring domain, pages visited, visit duration and submitted search terms. This data is used to monitor and assist in improvements to the Service. We may vary the content you receive in future visits to the Site based on your preferences and activities as determined based upon such Log Data.
Registration and Account Data
If you register to use the Site, we ask for and store information you provide such as your email, first name, last name, username, industry, job title, company, gender, country, postal code, photo and a brief description of yourself. Only email, first name, last name, and username are required entries. Your email address will only be displayed if you elect to do so through your Account Settings page.
After you register to use the Site, may set up your personal profile, form relationships, and transmit information through various channels ("Account Data"). We collect this information so that we can provide you the Service and offer personalized features, including varying the content you receive in future visits to the Site based on your preferences and activities. We may retain such Account Data so that, for instance, you can return to view prior interactions you had or easily see your contact list. When you update information, we usually keep a backup copy of the prior version for a reasonable period of time.
Combination of Log Data and Registration Data
Log Data may be combined with a username and Account Data once a user has registered or subsequently logged into the Site. The combined data is used to monitor and assist in improvements to the Service, and will not be shared with third parties except in the case of third party service providers and legal processes, as noted below.
You post content on Site at your own risk. Although we allow you to set privacy options that limit access to your pages, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you may choose to share your pages and information. Therefore, we cannot and do not guarantee that content you post on the Site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. You understand and acknowledge that, even after removal, copies of content you post may remain viewable in cached and archived pages on the Internet or if other users have copied or stored content you post.
Any improper collection or misuse of information provided on the Site is a violation of the Terms of Service and should be reported via email@example.com
When you use the Service, we may capture your contacts, friends, followers on Third Party Services ("Recipients"). If the Recipients are not already registered, we will send them an email confirming their passive participation in the Service and inviting them to visit the Site, where they will have the opportunity to create an account and delete or adjust site-wide privacy settings regarding any information directly related to themselves. We store the Recipient email address information to track interactions, send invitations and reminders, and to track the success of our referral program. The Recipient may contact us through the Site to request that we remove this information from our database in the event that they do not want to create an account and actively control their site-wide privacy settings. We do not publicly display or provide to third parties the complete email address of non-registered users.
Without any contact from the person whose email or Twitter handle you provided, we will display any information involving them (as provided by you) as dictated by the privacy settings you have applied to your own account. All users are advised to use discretion in the type of information they provide publicly about other people and all users provide such information solely at their own risk.
When you register with the Site, you create your own profile and privacy settings regarding your activity stream. If you are logged in, you can go to the profile settings page to adjust your privacy settings. We use your personally identifying information to identify and register you as a user of the Site and to customize the various features of the Site according to your interests, activities and preferences.
Your name, company, profile picture, and geographic location will be available in our search results. These limited pieces of information may be made available to third party search engines. This is primarily so your friends and community can find you.
If you elect to make such information private and not searchable via your account settings, such information may persist in our backup copies, and/or on the Internet via search engines’ cached search results until such time as such search engines update their search results.
We may disclose information to fulfill legal or regulatory requirements or if we believe, in good faith, that such disclosure is legally required or necessary to protect others' rights or to prevent harm.
Sale of Site
Third Party Service Providers
We use reasonable administrative, technical, personnel and physical measures to safeguard personally identifying information in its possession against loss, theft and unauthorized use, disclosure or modification. Regardless of the precautions taken by you or by us, "perfect security" does not exist on the Internet. We cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.
Users of the Site must be at least 13 years of age. We do not knowingly accept registrations from users that are under 13. We will delete accounts of any users that we find to be underage. If you are aware that a child under the age of 13 has become a registered user, please inform us at firstname.lastname@example.org, so that we can confirm and take the appropriate steps to remove the account and any related information.
We may send your account activity-related announcements from time to time. For instance, if a friend sends you a new message through your account, you may receive an email alerting you to that fact. You have the option of opting out of notifications regarding the actions of other users (for example, user notifications and user message notifications) through your account settings. We reserve the right to send you service and legal notices about your account.
It may be necessary from time to time for us to modify this policy to reflect changes in the way we collect and use information or changes in privacy-related laws, regulations, and industry standards. Accordingly, we reserve the right to change this policy at any time by posting the revised policy on this Site. This policy was posted on November 15, 2010. Data will be handled in accordance with the policy in effect at the time the data is used.
People you know do good things every day. Whether it’s a good job at work, school or for the community as a whole, we give you the opportunity to reward good behavior of people within your social networks or within the broader community. If somebody does good, let them know that you recognize it, and share that good deed with others.
Acceptance of Terms
Ability to Accept Terms
The Service is directed to persons over the age of 13. Persons under the age of 13 are not allowed to use the Service. ZFG does not knowingly collect information from or about persons under 13 years of age. You shall not use the Service unless you can form a binding contract with ZFG and are not legally prohibited from receiving Services under any applicable laws or regulations. You shall not intentionally or unintentionally violate any applicable local, state, national or international laws or regulations.
Changes In Terms
We may revise these Terms, or change, suspend or discontinue the Service (including, without limitation, the availability of any feature or content) at any time by posting an update to the Site, by sending you an e-mail or by other means that we deem appropriate. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. It is your responsibility to check the Terms periodically. Your continued use of the Service following any changes to the Terms will mean you accept those changes. If you do not agree to any of the updated Terms, please do not use the Site.
Use of the Site
You are responsible for all of your activity in connection with the Service. If you want to make commercial use of the Service or information and data resulting from use of the Service, you must enter into a separate agreement with us.
To get the most benefit from the Service, you may be required to register with ZFG, either directly or through your account with other sites, services and applications, which may include services such as Facebook Connect or similar third party services (“Third Party Services”). You must provide accurate and complete information and keep your account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your account, and for keeping your account password secure. You may never use another person’s user account or registration information for ZFG, or any Third Party Services you access through ZFG, without permission. You must notify us immediately of any breach of security or unauthorized use of your account. You should never publish, distribute or post login information for your account. By registering with ZFG through a Third Party Service, including Facebook Connect, you agree to be bound by all applicable policies of such Third Party Service and will act in accordance with them.
“User Content” means user-posted stars, comments, recommendations, reviews, and any other material posted by users of the Site. You understand that when using the Site, you will be exposed to User Content from a variety of sources, and that ZFG is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. The Site and the Service are intended for entertainment, information and communication purposes only and the posting of User Content by users of the Site and the Service shall not be construed as an endorsement by ZFG of the User Content itself, nor of the user who submitted that User Content, or of any particular points of views expressed or implied by that User Content. ZFG cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all User Content accessed by you using the Service is at your own risk and you will be solely responsible for any resulting damage or loss.
You can control how ZFG shares certain types of User Content you provided to it through your privacy settings. In connection with your submission of such User Content to the Service, you agree that when you make any such User Content private or delete your user activity, you understand and agree that while private or deleted User Content will no longer be publicly available to third parties browsing the Site, such User Content may persist in ZFG’s backup copies, and/or on the Internet via search engines’ cached search results until such time as such search engines update their search results.
By submitting content to the Site or otherwise through the Service, you grant ZFG and its subsidiaries and affiliates a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, publish, distribute, prepare derivative works of, display, communicate to the public, perform, and otherwise fully exploit the User Content (in whole or in part) in connection with the Site, the Service and ZFG’s (and its successors’ and assigns’) business, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels, including, without limitation, third party websites. You also grant each user of the Site and/or the Service a non-exclusive license to access your User Content through the Site and the Service, and to access, use, edit, modify, reproduce, distribute, prepare derivative works of, display, store and perform such User Content. Subject to the foregoing, the owner of such User Content placed on the Site retains any and all rights that may exist in such User Content. Using the settings within your user profile, you may restrict how and to whom such User Content is disseminated. You represent and warrant that: (i) you own or otherwise control all rights in and to all such User Content, or that the User Content is in the public domain, (ii) you have full authority to submit such User Content and to grant the foregoing license set forth herein; and (iii) such User Content and any display thereof on or through the Service does not and will not infringe or violate the rights of any third party, including without limitation any copyright, trademark, privacy, publicity, contract, statutory, common law or any other rights.
In connection with your use of the Site and Service, you may not:
• disobey any requirements, procedures, policies or regulations of networks connected to the Services;
• impersonate, spoof or parody any other person, including but not limited to, a ZFG official, expert or bulletin board leader, guide or host;
• use any tags or any other “hidden text” utilizing a ZFG name, trademark or product name without ZFG’s express written consent;
• transmit via or through the Site any information, data, text, comments, images, files, links, software, chat, communication or other materials that is or which ZFG considers in its sole discretion to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or excessive profanity, or post any obscene, lewd, lascivious, excessively violent, harassing, demeaning or otherwise objectionable content;
• promote, solicit or participate in multi-level marketing or pyramid schemes;
• impersonate any person or entity, including, but not limited to a ZFG employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• post any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• post or otherwise make available any unsolicited or unauthorized advertising or promotional materials;
• interfere with or, disrupt the Service or violate the security of the Service or servers or networks connected to ZFG;
• violate the security of other websites by any method;
• take any action that imposes or may impose (as determined by ZFG in its sole discretion) an unreasonable or disproportionately large load on ZFG’s (or its third party providers’) infrastructure;
• interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
• bypass any measures ZFG may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site);
• run Maillist, Listserv, any form of auto-responder or “spam” on the Site;
• use manual or automated software, devices, or other processes to “scrape”, “ crawl” or “spider” any page of the Site;
• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, except to the limited extent applicable laws specifically prohibit such restriction;
• copy, rent, lease, distribute, download, reproduce, transmit, broadcast, display, sell, license, exploit or otherwise transfer any Content in any manner not intended by the normal functionality of the Site or otherwise as prohibited under this Agreement; or
• collect or harvest any personally identifiable information, including account usernames, photos, or profile descriptions, from the Site.
Third Party Services
You acknowledge that we shall have the right to terminate your access to the Site for violations of any of these Terms. We may terminate your access to the Site at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnifications and limitations of liability.
Our Intellectual Property
The Service, the Site and all Site materials including, without limitation, the ZFG logos, trademarks, designs, text, graphics, images, audio and video clips, software, interactive features and other works of authorship and other material, and the selection and arrangement thereof (the “Content”) are copyrighted by ZFG and its content providers and are protected by United States and international intellectual property laws. Except as stated herein, none of the Content may be copied, reproduced, or distributed in any form without the prior written permission of ZFG.
ZFG makes no claims that the Content may be lawfully viewed or downloaded. Access to the Content may not be legal by certain persons or in certain countries. If you access the Service from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
Availability of Service Not Guaranteed
ZFG has no special relationship with or fiduciary duty to you. You acknowledge that ZFG has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content users access via the Site; 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 ZFG from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. ZFG makes no representations concerning any Content contained in or accessed through the Site, and ZFG will not be responsible or liable for the accuracy, copyright compliance, legality or decency of Content contained in or accessed through the Site or the Service.
TO THE FULLEST EXTENT PERMITTED BY LAW, ZFG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE, THE SITE, CONTENT AND YOUR USE THEREOF. ZFG MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. ZFG 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 THE SITE OR SERVICE; (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 THE SITE OR SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN 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 SITE OR SERVICE. ZFG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZFG 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.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): ZFG MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. ZFG will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on ZFG’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Limitation of Liability
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. IN NO EVENT SHALL ZFG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY: (I) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (II) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (V) 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 SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY; OR (VI) ANY DAMAGES CUMULATIVELY IN EXCESS OF $100; WHETHER OR NOT ZFG IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ZFG 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.
You agree to defend, indemnify and hold harmless ZFG, its officers, directors, employees, agents, affiliates, parents and subsidiaries 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 Site, Service, Content or otherwise from your User Content; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including, without limitation, any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site and Service. ZFG reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with ZFG in asserting any available defenses.
These Terms shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and ZFG that arises in whole or in part from the Site or Service shall be decided exclusively by a court of competent jurisdiction located in New York.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ZFG’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind ZFG in any respect whatsoever. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. ZFG may assign, transfer or delegate any of its rights and obligations under these Terms without restriction.
Ze Frank Games, Inc.
3381 Robertson Place
Los Angeles, California 90034