From d21785b8537223d6550963480b580b8e76fe9b76 Mon Sep 17 00:00:00 2001 From: Ulysses Zhan Date: Fri, 5 Jul 2024 18:46:32 -0700 Subject: [PATCH] update game; add privacy policy and tos; bump dependencies --- Gemfile.lock | 31 +-- _config.yml | 1 + game | 2 +- legal/_head.html | 5 + legal/privacy.md | 494 +++++++++++++++++++++++++++++++++++++++++ legal/tos.md | 560 +++++++++++++++++++++++++++++++++++++++++++++++ 6 files changed, 1079 insertions(+), 14 deletions(-) create mode 100644 legal/_head.html create mode 100644 legal/privacy.md create mode 100644 legal/tos.md diff --git a/Gemfile.lock b/Gemfile.lock index 6fd0aeb..0f78ca7 100644 --- a/Gemfile.lock +++ b/Gemfile.lock @@ -6,21 +6,23 @@ PATH GEM remote: https://rubygems.org/ specs: - addressable (2.8.6) - public_suffix (>= 2.0.2, < 6.0) + addressable (2.8.7) + public_suffix (>= 2.0.2, < 7.0) + bigdecimal (3.1.8) colorator (1.1.0) - concurrent-ruby (1.2.3) + concurrent-ruby (1.3.3) em-websocket (0.5.3) eventmachine (>= 0.12.9) http_parser.rb (~> 0) eventmachine (1.2.7) execjs (2.9.1) - ffi (1.16.3) + ffi (1.17.0-x86_64-linux-gnu) forwardable-extended (2.6.0) - google-protobuf (4.26.0-x86_64-linux) + google-protobuf (4.27.2-x86_64-linux) + bigdecimal rake (>= 13) http_parser.rb (0.8.0) - i18n (1.14.4) + i18n (1.14.5) concurrent-ruby (~> 1.0) jekyll (4.3.3) addressable (~> 2.4) @@ -58,16 +60,19 @@ GEM mercenary (0.4.0) pathutil (0.16.2) forwardable-extended (~> 2.6) - public_suffix (5.0.4) - rake (13.1.0) + public_suffix (6.0.0) + rake (13.2.1) rb-fsevent (0.11.2) - rb-inotify (0.10.1) + rb-inotify (0.11.1) ffi (~> 1.0) - rexml (3.2.6) - rouge (4.2.1) + rexml (3.3.1) + strscan + rouge (4.3.0) safe_yaml (1.0.5) - sass-embedded (1.72.0-x86_64-linux-gnu) + sass-embedded (1.77.5) google-protobuf (>= 3.25, < 5.0) + rake (>= 13) + strscan (3.1.0) terminal-table (3.0.2) unicode-display_width (>= 1.1.1, < 3) unicode-display_width (2.5.0) @@ -84,4 +89,4 @@ DEPENDENCIES rake (~> 13.0) BUNDLED WITH - 2.5.7 + 2.5.14 diff --git a/_config.yml b/_config.yml index b91dfa3..933cda3 100644 --- a/_config.yml +++ b/_config.yml @@ -1,6 +1,7 @@ --- title: Sunniesnow author: UlyssesZhan +email: ulysseszhan@gmail.com timezone: America/Los_Angeles lang: en-US description: The web rhythm game diff --git a/game b/game index 893db9b..1de0145 160000 --- a/game +++ b/game @@ -1 +1 @@ -Subproject commit 893db9b826f01f48e00f8e85210ccd675db00545 +Subproject commit 1de0145ce6d2e7d68c4f9b64741f12f92f92d7d1 diff --git a/legal/_head.html b/legal/_head.html new file mode 100644 index 0000000..5089bf8 --- /dev/null +++ b/legal/_head.html @@ -0,0 +1,5 @@ + diff --git a/legal/privacy.md b/legal/privacy.md new file mode 100644 index 0000000..dde377e --- /dev/null +++ b/legal/privacy.md @@ -0,0 +1,494 @@ +--- +layout: default +title: Privacy Policy +head: _head.html +--- + +{% capture email %}[{{ site.email }}](mailto:{{ site.email }}){% endcapture %} + +# Privacy Policy +{:.no_toc} + +**Last updated July 05, 2024** + +This privacy notice for Sunniesnow ("**we**," "**us**," or "**our**"), +describes how and why we might collect, store, use, and/or share ("**process**") +your information when you use our services ("**Services**"). + +**Questions or concerns?** +Reading this privacy notice will help you understand your privacy rights and choices. +If you do not agree with our policies and practices, please do not use our Services. +If you still have any questions or concerns, please contact us at {{ email }}. + +## Summary of key points +{:.no_toc} + +***This summary provides key points from our privacy notice, +but you can find out more details about any of these topics +by clicking the link following each key point or by using our +[table of contents](#table-of-contents) +below to find the section you are looking for.*** + +**What personal information do we process?** +When you visit, use, or navigate our Services, +we may process personal information depending on how you interact with us and the Services, +the choices you make, and the products and features you use. +Learn more about +[personal information you disclose to us](#personal-information-you-disclose-to-us). + +**Do we process any sensitive personal information?** +We do not process sensitive personal information. + +**Do we collect any information from third parties?** +We do not collect any information from third parties. + +**How do we process your information?** +We process your information to provide, improve, and administer our Services, +communicate with you, for security and fraud prevention, +and to comply with law. +We may also process your information for other purposes with your consent. +We process your information only when we have a valid legal reason to do so. +Learn more about +[how we process your information](#how-we-process-your-information). + +**In what situations and with which parties do we share personal information?** +We may share information in specific situations and with specific third parties. +Learn more about [when and with whom we share your personal information](#when-and-with-whom-do-we-share-your-personal-information). + +**How do we keep your information safe?** +We have organizational and technical processes and procedures +in place to protect your personal information. +However, no electronic transmission over the internet or information storage technology +can be guaranteed to be 100% secure, so we cannot promise or guarantee that +hackers, cybercriminals, or other unauthorized third parties will not be able to +defeat our security and improperly collect, access, steal, or modify your information. +Learn more about [how we keep your information safe](#how-do-we-keep-your-information-safe). + +**What are your rights?** +Depending on where you are located geographically, +the applicable privacy law may mean you have certain rights regarding your personal information. +Learn more about [your privacy rights](#what-are-your-privacy-rights). + +**How do you exercise your rights?** +The easiest way to exercise your rights is by contacting us at {{ email }}. +We will consider and act upon any request in accordance with applicable data protection laws. + +Want to learn more about what we do with any information we collect? +[Review the privacy notice in full.](#table-of-contents) + +## Table of contents +{:.no_toc} + +1. toc +{:toc} + +## What information do we collect? + +### Personal Information You Disclose to Us +{:.no_toc} + +***In Short:** +We collect personal information that you provide to us.* + +We collect personal information that you voluntarily provide to us +when you express an interest in obtaining information about us or our products and Services, +when you participate in activities on the Services, +or otherwise when you contact us. + +**Sensitive Information.** +We do not process sensitive information. + +All personal information that you provide to us must be true, complete, and accurate, +and you must notify us of any changes to such personal information. + +## How do we process your information? + +***In Short:** +We process your information to provide, improve, and administer our Services, communicate with you, +for security and fraud prevention, and to comply with law. +We may also process your information for other purposes with your consent.* + +{:#how-we-process-your-information} +**We process your personal information for a variety of reasons, +depending on how you interact with our Services, including:** + +- **To save or protect an individual's vital interest.** +We may process your information when necessary to +save or protect an individual’s vital interest, such as to prevent harm. + +## What legal bases do we rely on to process your information? + +***In Short:** +We only process your personal information when we believe +it is necessary and we have a valid legal reason (i.e., legal basis) +to do so under applicable law, like with your consent, +to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, +to protect your rights, or to fulfill our legitimate business interests.* + +***If you are located in the EU or UK, this section applies to you.*** + +The General Data Protection Regulation (GDPR) and UK GDPR +require us to explain the valid legal bases we rely on in order to process your personal information. +As such, we may rely on the following legal bases to process your personal information: + +- **Consent.** +We may process your information if you have given us permission (i.e., consent) +to use your personal information for a specific purpose. +You can withdraw your consent at any time. +Learn more about [withdrawing your consent](#withdrawing-your-consent). +- **Legal Obligations.** +We may process your information where we believe it is necessary for compliance with our legal obligations, +such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, +or disclose your information as evidence in litigation in which we are involved. +- **Vital Interests.** +We may process your information where we believe it is necessary +to protect your vital interests or the vital interests of a third party, +such as situations involving potential threats to the safety of any person. + +***If you are located in Canada, this section applies to you.*** + +We may process your information if you have given us specific permission +(i.e., express consent) to use your personal information for a specific purpose, +or in situations where your permission can be inferred (i.e., implied consent). +You can [withdraw your consent](#withdrawing-your-consent) at any time. + +In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example: + +- If collection is clearly in the interests of an individual +and consent cannot be obtained in a timely way +- For investigations and fraud detection and prevention +- For business transactions provided certain conditions are met +- If it is contained in a witness statement and the collection is +necessary to assess, process, or settle an insurance claim +- For identifying injured, ill, +or deceased persons and communicating with next of kin +- If we have reasonable grounds to believe +an individual has been, is, or may be victim of financial abuse +- If it is reasonable to expect collection and use with consent would +compromise the availability or the accuracy of the information and +the collection is reasonable for purposes related to investigating a breach of an agreement +or a contravention of the laws of Canada or a province +- If disclosure is required to comply with a subpoena, warrant, court order, +or rules of the court relating to the production of records +- If it was produced by an individual in the course of their employment, business, or profession +and the collection is consistent with the purposes for which the information was produced +- If the collection is solely for journalistic, artistic, or literary purposes +- If the information is publicly available and is specified by the regulations + +## When and with whom do we share your personal information? + +***In Short:** +We may share information in specific situations +described in this section and/or with the following third parties.* + +We may need to share your personal information in the following situations: + +- **Business Transfers.** +We may share or transfer your information in connection with, +or during negotiations of, any merger, sale of company assets, financing, +or acquisition of all or a portion of our business to another company. + +## How long do we keep your information? + +***In Short:** +We keep your information for as long as necessary to +fulfill the purposes outlined in this privacy notice unless otherwise required by law.* + +We will only keep your personal information for as long as +it is necessary for the purposes set out in this privacy notice, +unless a longer retention period is required or permitted by law +(such as tax, accounting, or other legal requirements). + +When we have no ongoing legitimate business need to process your personal information, +we will either delete or anonymize such information, or, if this is not possible +(for example, because your personal information has been stored in backup archives), +then we will securely store your personal information and +isolate it from any further processing until deletion is possible. + +## How do we keep your information safe? + +***In Short:** +We aim to protect your personal information +through a system of organizational and technical security measures.* + +We have implemented appropriate and reasonable technical and organizational security measures +designed to protect the security of any personal information we process. +However, despite our safeguards and efforts to secure your information, +no electronic transmission over the Internet or +information storage technology can be guaranteed to be 100% secure, +so we cannot promise or guarantee that hackers, cybercriminals, +or other unauthorized third parties will not be able to defeat our security +and improperly collect, access, steal, or modify your information. +Although we will do our best to protect your personal information, +transmission of personal information to and from our Services is at your own risk. +You should only access the Services within a secure environment. + +## Do we collect information from minors? + +***In Short:** +We do not knowingly collect data from or market to children under 18 years of age.* + +We do not knowingly collect, solicit data from, or market to children under 18 years of age, +nor do we knowingly sell such personal information. +By using the Services, you represent that you are at least 18 or that +you are the parent or guardian of such a minor and consent +to such minor dependent’s use of the Services. +If we learn that personal information from +users less than 18 years of age has been collected, +we will deactivate the account and take reasonable measures +to promptly delete such data from our records. +If you become aware of any data we may have collected from children under age 18, +please contact us at {{ email }}. + +## What are your privacy rights? + +***In Short:** +Depending on your state of residence in the US or in some regions, +such as the European Economic Area (EEA), United Kingdom (UK), Switzerland, +and Canada, you have rights that allow you greater access to and control over your personal information. +You may review, change, or terminate your account at any time, +depending on your country, province, or state of residence.* + +In some regions (like the EEA, UK, Switzerland, and Canada), +you have certain rights under applicable data protection laws. +These may include the right +(i) to request access and obtain a copy of your personal information, +(ii) to request rectification or erasure; +(iii) to restrict the processing of your personal information; +(iv) if applicable, to data portability; and +(v) not to be subject to automated decision-making. +In certain circumstances, you may also +have the right to object to the processing of your personal information. +You can make such a request by contacting us by using the contact details provided in the section +"[HOW CAN YOU CONTACT US ABOUT THIS NOTICE?](#how-can-you-contact-us-about-this-notice)" below. + +We will consider and act upon any request in accordance with applicable data protection laws. + +If you are located in the EEA or UK and you believe +we are unlawfully processing your personal information, +you also have the right to complain to your +[Member State data protection authority](https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm) +or +[UK data protection authority](https://ico.org.uk/make-a-complaint/data-protection-complaints/data-protection-complaints/). + +If you are located in Switzerland, you may contact the +[Federal Data Protection and Information Commissioner](https://www.edoeb.admin.ch/edoeb/en/home.html). + +{:#withdrawing-your-consent} +**Withdrawing your consent:** +If we are relying on your consent to process your personal information, +which may be express and/or implied consent depending on the applicable law, +you have the right to withdraw your consent at any time. +You can withdraw your consent at any time by contacting us +by using the contact details provided in the section +"[HOW CAN YOU CONTACT US ABOUT THIS NOTICE?](#how-can-you-contact-us-about-this-notice)" below. + +However, please note that this will not affect the lawfulness of +the processing before its withdrawal nor, +when applicable law allows, will it affect the processing of your personal information +conducted in reliance on lawful processing grounds other than consent. + +If you have questions or comments about your privacy rights, you may email us at {{ email }}. + +## Controls for do-not-track features + +Most web browsers and some mobile operating systems and mobile applications +include a Do-Not-Track ("DNT") feature or setting you can activate +to signal your privacy preference not to have data +about your online browsing activities monitored and collected. +At this stage, no uniform technology standard +for recognizing and implementing DNT signals has been finalized. +As such, we do not currently respond to DNT browser signals +or any other mechanism that automatically communicates your choice not to be tracked online. +If a standard for online tracking is adopted that we must follow in the future, +we will inform you about that practice in a revised version of this privacy notice. + +California law requires us to let you know how we respond to web browser DNT signals. +Because there currently is not an industry or legal standard for recognizing or honoring DNT signals, +we do not respond to them at this time. + +## Do United States residents have specific privacy rights? + +***In Short:** +If you are a resident of California, Colorado, Connecticut, Delaware, +Florida, Indiana, Iowa, Kentucky, Montana, New Hampshire, New Jersey, +Oregon, Tennessee, Texas, Utah, or Virginia, +you may have the right to request access to and receive details about the personal information +we maintain about you and how we have processed it, +correct inaccuracies, get a copy of, or delete your personal information. +You may also have the right to withdraw your consent to our processing of your personal information. +These rights may be limited in some circumstances by applicable law. +More information is provided below.* + +### Categories of Personal Information We Collect +{:.no_toc} + +We have collected the following categories of personal information in the past twelve (12) months: + +| Category | Examples | Collected | +|:-|:-|:-:| +| A. Identifiers | Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name | NO | +| B. Personal information as defined in the California Customer Records statute | Name, contact information, education, employment, employment history, and financial information | NO | +| C. Protected classification characteristics under state or federal law | Gender, age, date of birth, race and ethnicity, national origin, marital status, and other demographic data | NO | +| D. Commercial information | Transaction information, purchase history, financial details, and payment information | NO | +| E. Biometric information | Fingerprints and voiceprints | NO | +| F. Internet or other similar network activity | Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements | NO | +| G. Geolocation data | Device location | NO | +| H. Audio, electronic, sensory, or similar information | Images and audio, video or call recordings created in connection with our business activities | NO | +| I. Professional or employment-related information | Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us | NO | +| J. Education Information | Student records and directory information | NO | +| K. Inferences drawn from collected personal information | Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics | NO | +| L. Sensitive personal Information | | NO | + +We may also collect other personal information outside of these categories +through instances where you interact with us +in person, online, or by phone or mail in the context of: + +- Receiving help through our customer support channels; +- Participation in customer surveys or contests; and +- Facilitation in the delivery of our Services and to respond to your inquiries. + +We will use and retain the collected personal information +as needed to provide the Services or for: + +- Category H -- As long as the user has an account with us + +### Sources of Personal Information +{:.no_toc} + +Learn more about the sources of personal information we collect in +"[WHAT INFORMATION DO WE COLLECT?](#what-information-do-we-collect)" + +### How We Use and Share Personal Information +{:.no_toc} + +Learn about how we use your personal information in the section, +"[HOW DO WE PROCESS YOUR INFORMATION?](#how-do-we-process-your-information)" + +**Will your information be shared with anyone else?** + +We may disclose your personal information with our service providers pursuant +to a written contract between us and each service provider. +Learn more about how we disclose personal information to in the section, +"[WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?](#when-and-with-whom-do-we-share-your-personal-information)" + +We may use your personal information for our own business purposes, +such as for undertaking internal research for technological development and demonstration. +This is not considered to be "selling" of your personal information. + +We have not disclosed, sold, or shared any personal information +to third parties for a business or commercial purpose in the preceding twelve (12) months. +We will not sell or share personal information +in the future belonging to website visitors, users, and other consumers. + +### Your Rights +{:.no_toc} + +You have rights under certain US state data protection laws. +However, these rights are not absolute, and in certain cases, +we may decline your request as permitted by law. +These rights include: + +- **Right to know** whether or not we are processing your personal data +- **Right to access** your personal data +- **Right to correct** inaccuracies in your personal data +- **Right to request** the deletion of your personal data +- **Right to obtain a copy** of the personal data you previously shared with us +- **Right to non-discrimination** for exercising your rights +- **Right to opt out** of the processing of your personal data if it is used for targeted advertising +(or sharing as defined under California's privacy law), +the sale of personal data, or profiling in furtherance of decisions +that produce legal or similarly significant effects ("profiling") + +Depending upon the state where you live, you may also have the following rights: + +- Right to obtain a list of the categories of third parties +to which we have disclosed personal data +(as permitted by applicable law, including California's and Delaware's privacy law) +- Right to obtain a list of specific third parties +to which we have disclosed personal data +(as permitted by applicable law, including Oregon's privacy law) +- Right to limit use and disclosure of sensitive personal data +(as permitted by applicable law, including California's privacy law) +- Right to opt out of the collection of sensitive data and personal data collected +through the operation of a voice or facial recognition feature +(as permitted by applicable law, including Florida's privacy law) + +### How to Exercise Your Rights +{:.no_toc} + +To exercise these rights, you can contact us by emailing us at {{ email }}, +or by referring to the contact details at the bottom of this document. + +Under certain US state data protection laws, +you can designate an authorized agent to make a request on your behalf. +We may deny a request from an authorized agent that does not submit proof +that they have been validly authorized to act on your behalf in accordance with applicable laws. + +### Request Verification +{:.no_toc} + +Upon receiving your request, we will need to verify your identity +to determine you are the same person about whom we have the information in our system. +We will only use personal information provided in your request +to verify your identity or authority to make the request. +However, if we cannot verify your identity from the information already maintained by us, +we may request that you provide additional information for the purposes of +verifying your identity and for security or fraud-prevention purposes. + +If you submit the request through an authorized agent, +we may need to collect additional information to verify your identity +before processing your request and +the agent will need to provide a written and signed permission from you +to submit such request on your behalf. + +### Appeals +{:.no_toc} + +Under certain US state data protection laws, +if we decline to take action regarding your request, +you may appeal our decision by emailing us at {{ email }}. +We will inform you in writing of any action taken or not taken in response to the appeal, +including a written explanation of the reasons for the decisions. +If your appeal is denied, you may submit a complaint to your state attorney general. + +### California "Shine The Light" Law +{:.no_toc} + +California Civil Code Section 1798.83, also known as the "Shine The Light" law, +permits our users who are California residents to request and obtain from us, +once a year and free of charge, information about categories of personal information (if any) +we disclosed to third parties for direct marketing purposes +and the names and addresses of all third parties +with which we shared personal information in the immediately preceding calendar year. +If you are a California resident and would like to make such a request, +please submit your request in writing to us by using the contact details provided in the section +"[HOW CAN YOU CONTACT US ABOUT THIS NOTICE?](#how-can-you-contact-us-about-this-notice)" + +## Do we make updates to this notice? + +***In Short:** +Yes, we will update this notice as necessary to stay compliant with relevant laws.* + +We may update this privacy notice from time to time. +The updated version will be indicated by an updated "Revised" date at the top of this privacy notice. +If we make material changes to this privacy notice, +we may notify you either by prominently posting a notice +of such changes or by directly sending you a notification. +We encourage you to review this privacy notice frequently to +be informed of how we are protecting your information. + +## How can you contact us about this notice? + +If you have questions or comments about this notice, you may email us at {{ email }}. + +## How can you review, update, or delete the data we collect from you? + +You have the right to request access to the personal information we collect from you, +details about how we have processed it, correct inaccuracies, +or delete your personal information. +You may also have the right to withdraw your consent +to our processing of your personal information. +These rights may be limited in some circumstances by applicable law. +To request to review, update, or delete your personal information, +please contact by emailing us at {{ email }}. diff --git a/legal/tos.md b/legal/tos.md new file mode 100644 index 0000000..c2aff9d --- /dev/null +++ b/legal/tos.md @@ -0,0 +1,560 @@ +--- +layout: default +title: Terms of Service +head: _head.html +--- + +{% capture email %}[{{ site.email }}](mailto:{{ site.email }}){% endcapture %} + +# Terms of Service +{:.no_toc} + +**Last updated July 05, 2024** + +## Agreement to our legal terms +{:.no_toc} + +We are Sunniesnow ("**we**," "**us**," "**our**"), a non-commercial organization. + +We operate the game Sunniesnow, +as well as any other related products and services that refer or link to these legal terms +(the "**Legal Terms**") (collectively, the "**Services**"). + +You can contact us by email at {{ email }}. + +These Legal Terms constitute a legally binding agreement made between you, +whether personally or on behalf of an entity ("**you**"), +and Sunniesnow, concerning your access to and use of the Services. +You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. +IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, +THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. + +Supplemental terms and conditions or documents that may be posted on the Services from time to time +are hereby expressly incorporated herein by reference. +We reserve the right, in our sole discretion, +to make changes or modifications to these Legal Terms at any time and for any reason. +We will alert you about any changes by updating the "Last updated" date of these Legal Terms, +and you waive any right to receive specific notice of each such change. +It is your responsibility to periodically review these Legal Terms to stay informed of updates. +You will be subject to, and will be deemed to have been made aware of and to have accepted, +the changes in any revised Legal Terms by your continued use of the Services +after the date such revised Legal Terms are posted. + +We recommend that you print a copy of these Legal Terms for your records. + +## Table of contents +{:.no_toc} + +1. toc +{:toc} + +## Our Services + +The information provided when using the Services is not intended +for distribution to or use by any person or entity in any jurisdiction or country +where such distribution or use would be contrary to law or regulation or which would subject us +to any registration requirement within such jurisdiction or country. +Accordingly, those persons who choose to access the Services from other locations do so on their own initiative +and are solely responsible for compliance with local laws, +if and to the extent local laws are applicable. + +## Intellectual property rights + +### Our intellectual property +{:.no_toc} + +We are the owner or the licensee of all intellectual property rights in our Services, +including all source code, databases, functionality, software, website designs, audio, video, text, photographs, +and graphics in the Services (collectively, the "Content"), +as well as the trademarks, service marks, and logos contained therein (the "Marks"). + +Our Content and Marks are protected by copyright and trademark laws +(and various other intellectual property rights and unfair competition laws) +and treaties in the United States and around the world. + +The Content and Marks are provided in or through the Services "AS IS" for your personal, +non-commercial use or internal business purpose only. + +### Your use of our Services +{:.no_toc} + +Subject to your compliance with these Legal Terms, including the +"[PROHIBITED ACTIVITIES](#prohibited-activities)" section below, +we grant you a non-exclusive, non-transferable, revocable license to: + +- access the Services; and +- download or print a copy of any portion of the Content to which you have properly gained access. + +solely for your personal, non-commercial use or internal business purpose. + +Except as set out in this section or elsewhere in our Legal Terms, +no part of the Services and no Content or Marks may be +copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, +encoded, translated, transmitted, distributed, sold, licensed, +or otherwise exploited for any commercial purpose whatsoever, +without our express prior written permission. + +If you wish to make any use of the Services, Content, or Marks +other than as set out in this section or elsewhere in our Legal Terms, +please address your request to {{ email }}. +If we ever grant you the permission to post, reproduce, or +publicly display any part of our Services or Content, +you must identify us as the owners or licensors of the Services, Content, +or Marks and ensure that any copyright or proprietary notice appears +or is visible on posting, reproducing, or displaying our Content. + +We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. + +Any breach of these Intellectual Property Rights will +constitute a material breach of our Legal Terms and your right +to use our Services will terminate immediately. + +### Your submissions +{:.no_toc} + +Please review this section and the +"[PROHIBITED ACTIVITIES](#prohibited-activities)" section carefully +prior to using our Services to understand the +(a) rights you give us and +(b) obligations you have when you post or upload any content through the Services. + +**Submissions:** +By directly sending us any question, comment, suggestion, idea, feedback, +or other information about the Services ("Submissions"), +you agree to assign to us all intellectual property rights in such Submission. +You agree that we shall own this Submission and be entitled +to its unrestricted use and dissemination for any lawful purpose, +commercial or otherwise, without acknowledgment or compensation to you. + +**You are responsible for what you post or upload:** +By sending us Submissions through any part of the Services you: + +- confirm that you have read and agree with our +"[PROHIBITED ACTIVITIES](#prohibited-activities)" +and will not post, send, publish, upload, or transmit through the Services +any Submission that is illegal, harassing, hateful, harmful, defamatory, +obscene, bullying, abusive, discriminatory, threatening to any person or group, +sexually explicit, false, inaccurate, deceitful, or misleading; +- to the extent permissible by applicable law, +waive any and all moral rights to any such Submission; +- warrant that any such Submission are original to you or that you have the necessary rights +and licenses to submit such Submissions and that you have full authority +to grant us the above-mentioned rights in relation to your Submissions; and +- warrant and represent that your Submissions do not constitute confidential information. + +You are solely responsible for your Submissions and you expressly agree +to reimburse us for any and all losses that we may suffer because of your breach of +(a) this section, +(b) any third party’s intellectual property rights, or +(c) applicable law. + +## User representations + +By using the Services, you represent and warrant that: +(1) you have the legal capacity and you agree to comply with these Legal Terms; +(2) you are not a minor in the jurisdiction in which you reside; +(3) you will not access the Services through automated +or non-human means, whether through a bot, script or otherwise; +(4) you will not use the Services for any illegal or unauthorized purpose; and +(5) your use of the Services will not violate any applicable law or regulation. + +If you provide any information that is untrue, inaccurate, not current, or incomplete, +we have the right to suspend or terminate your account +and refuse any and all current or future use of the Services (or any portion thereof). + +## Prohibited activities + +You may not access or use the Services for any purpose other than that for which we make the Services available. +The Services may not be used in connection with any commercial endeavors +except those that are specifically endorsed or approved by us. + +As a user of the Services, you agree not to: + +- Systematically retrieve data or other content from the Services to create or compile, +directly or indirectly, a collection, compilation, database, +or directory without written permission from us. +- Trick, defraud, or mislead us and other users, +especially in any attempt to learn sensitive account information such as user passwords. +- Circumvent, disable, or otherwise interfere with security-related features of the Services, +including features that prevent or restrict the use or copying of any Content or +enforce limitations on the use of the Services and/or the Content contained therein. +- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. +- Use any information obtained from the Services in order to harass, abuse, or harm another person. +- Make improper use of our support services or submit false reports of abuse or misconduct. +- Use the Services in a manner inconsistent with any applicable laws or regulations. +- Engage in unauthorized framing of or linking to the Services. +- Upload or transmit (or attempt to upload or to transmit) viruses, +Trojan horses, or other material, including excessive use of capital letters and spamming +(continuous posting of repetitive text), +that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, +impairs, disrupts, alters, or interferes with the use, features, functions, +operation, or maintenance of the Services. +- Engage in any automated use of the system, +such as using scripts to send comments or messages, +or using any data mining, robots, or similar data gathering and extraction tools. +- Delete the copyright or other proprietary rights notice from any Content. +- Attempt to impersonate another user or person or use the username of another user. +- Upload or transmit (or attempt to upload or to transmit) +any material that acts as a passive or active information collection or transmission mechanism, +including without limitation, clear graphics interchange formats ("gifs"), +1×1 pixels, web bugs, cookies, or other similar devices +(sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"). +- Interfere with, disrupt, or create an undue burden +on the Services or the networks or services connected to the Services. +- Harass, annoy, intimidate, or threaten any of our employees +or agents engaged in providing any portion of the Services to you. +- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, +or any portion of the Services. +- Copy or adapt the Services' software, +including but not limited to Flash, PHP, HTML, JavaScript, or other code. +- Except as permitted by applicable law, decipher, decompile, disassemble, +or reverse engineer any of the software comprising or in any way making up a part of the Services. +- Except as may be the result of standard search engine or +Internet browser usage, use, launch, develop, +or distribute any automated system, including without limitation, +any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, +or use or launch any unauthorized script or other software. +- Use a buying agent or purchasing agent to make purchases on the Services. +- Make any unauthorized use of the Services, including collecting usernames +and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, +or creating user accounts by automated means or under false pretenses. +- Use the Services as part of any effort to compete with us or otherwise use the Services +and/or the Content for any revenue-generating endeavor or commercial enterprise. + +## User generated contributions + +The Services does not offer users to submit or post content. +We may provide you with the opportunity to create, submit, post, display, +transmit, perform, publish, distribute, or broadcast content and materials to us or +on the Services, including but not limited to text, writings, video, audio, photographs, +graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). +Contributions may be viewable by other users of the Services and through third-party websites. +When you create or make available any Contributions, you thereby represent and warrant that: + +## Contribution license + +You and Services agree that we may access, +store, process, and use any information and personal data that you provide +and your choices (including settings). + +By submitting suggestions or other feedback regarding the Services, +you agree that we can use and share such feedback for any purpose without compensation to you. + +We do not assert any ownership over your Contributions. +You retain full ownership of all of your Contributions and +any intellectual property rights or other proprietary rights associated with your Contributions. +We are not liable for any statements or representations +in your Contributions provided by you in any area on the Services. +You are solely responsible for your Contributions to the Services and you expressly agree +to exonerate us from any and all responsibility and +to refrain from any legal action against us regarding your Contributions. + +## Third-party websites and content + +The Services may contain (or you may be sent via the Site) +links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, +designs, music, sound, video, information, applications, software, +and other content or items belonging to or originating from third parties ("Third-Party Content"). +Such Third-Party Websites and Third-Party Content are not investigated, +monitored, or checked for accuracy, appropriateness, or completeness by us, +and we are not responsible for any Third-Party Websites accessed +through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, +offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites +or the Third-Party Content. +Inclusion of, linking to, or permitting the use or installation of any +Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. +If you decide to leave the Services and access the Third-Party Websites or to use or +install any Third-Party Content, you do so at your own risk, +and you should be aware these Legal Terms no longer govern. +You should review the applicable terms and policies, +including privacy and data gathering practices, of any website to which you navigate from the Services +or relating to any applications you use or install from the Services. +Any purchases you make through Third-Party Websites will be through other websites and from other companies, +and we take no responsibility whatsoever in relation to such +purchases which are exclusively between you and the applicable third party. +You agree and acknowledge that we do not endorse the products or services offered on +Third-Party Websites and you shall hold us blameless from +any harm caused by your purchase of such products or services. +Additionally, you shall hold us blameless from any losses sustained +by you or harm caused to you relating to or resulting +in any way from any Third-Party Content or any contact with Third-Party Websites. + +## Services management + +We reserve the right, but not the obligation, to: +(1) monitor the Services for violations of these Legal Terms; +(2) take appropriate legal action against anyone who, +in our sole discretion, violates the law or these Legal Terms, +including without limitation, reporting such user to law enforcement authorities; +(3) in our sole discretion and without limitation, +refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) +any of your Contributions or any portion thereof; +(4) in our sole discretion and without limitation, notice, +or liability, to remove from the Services or otherwise disable all files and content +that are excessive in size or are in any way burdensome to our systems; and +(5) otherwise manage the Services in a manner designed to protect our rights and property +and to facilitate the proper functioning of the Services. + +## Privacy policy + +We care about data privacy and security. +Please review our [Privacy Policy](privacy.html). +By using the Services, you agree to be bound by our Privacy Policy, +which is incorporated into these Legal Terms. +Please be advised the Services are hosted in the United States. +If you access the Services from any other region of the world with laws +or other requirements governing personal data collection, use, +or disclosure that differ from applicable laws in the United States, +then through your continued use of the Services, +you are transferring your data to the United States, +and you expressly consent to have your data transferred to and processed in the United States. + +## Term and termination + +These Legal Terms shall remain in full force and effect while you use the Services. +WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, +WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, +DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), +TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, +WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. +WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION +THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. + +If we terminate or suspend your account for any reason, you are prohibited from +registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, +even if you may be acting on behalf of the third party. +In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, +including without limitation pursuing civil, criminal, and injunctive redress. + +## Modifications and interruptions + +We reserve the right to change, modify, or remove the contents of the Services at any time +or for any reason at our sole discretion without notice. +However, we have no obligation to update any information on our Services. +We will not be liable to you or any third party for any modification, +price change, suspension, or discontinuance of the Services. + +We cannot guarantee the Services will be available at all times. We may experience hardware, software, +or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. +We reserve the right to change, revise, update, suspend, discontinue, +or otherwise modify the Services at any time or for any reason without notice to you. +You agree that we have no liability whatsoever for any loss, damage, +or inconvenience caused by your inability to access or +use the Services during any downtime or discontinuance of the Services. +Nothing in these Legal Terms will be construed to obligate us to maintain and +support the Services or to supply any corrections, updates, or releases in connection therewith. + +## Governing law + +These Legal Terms and your use of the Services are governed by +and construed in accordance with the laws of the State of California +applicable to agreements made and to be entirely performed within the State of California, +without regard to its conflict of law principles. + +## Dispute resolution + +### Informal Negotiations +{:.no_toc} + +To expedite resolution and control the cost of any dispute, +controversy, or claim related to these Legal Terms +(each a "Dispute" and collectively, the "Disputes") +brought by either you or us +(individually, a "Party" and collectively, the "Parties"), +the Parties agree to first attempt to negotiate any Dispute +(except those Disputes expressly provided below) +informally for at least thirty (30) days before initiating arbitration. +Such informal negotiations commence upon written notice from one Party to the other Party. + +### Binding Arbitration +{:.no_toc} + +If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute +(except those Disputes expressly excluded below) +will be finally and exclusively resolved by binding arbitration. +YOU UNDERSTAND THAT WITHOUT THIS PROVISION, +YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. +The arbitration shall be commenced and conducted under the +Commercial Arbitration Rules of the American Arbitration Association ("AAA") +and, where appropriate, the AAA's Supplementary Procedures +for Consumer Related Disputes ("AAA Consumer Rules"), +both of which are available at the +[American Arbitration Association (AAA) website](https://www.adr.org). +Your arbitration fees and your share of arbitrator compensation shall be governed by +the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. +The arbitration may be conducted in person, through the submission of documents, by phone, or online. +The arbitrator will make a decision in writing, but need not provide a statement of reasons +unless requested by either Party. +The arbitrator must follow applicable law, +and any award may be challenged if the arbitrator fails to do so. +Except where otherwise required by the applicable AAA rules or applicable law, +the arbitration will take place in United States, California. +Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, +stay proceedings pending arbitration, or to confirm, modify, vacate, +or enter judgment on the award entered by the arbitrator. + +If for any reason, a Dispute proceeds in court rather than arbitration, +the Dispute shall be commenced or prosecuted in the state and +federal courts located in United States, California, and the Parties hereby consent to, +and waive all defenses of lack of personal jurisdiction, +and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. +Application of the United Nations Convention on Contracts +for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) +are excluded from these Legal Terms. + +If this provision is found to be illegal or unenforceable, +then neither Party will elect to arbitrate any Dispute falling +within that portion of this provision found to be illegal or +unenforceable and such Dispute shall be decided by a court of competent jurisdiction +within the courts listed for jurisdiction above, +and the Parties agree to submit to the personal jurisdiction of that court. + +### Restrictions +{:.no_toc} + +The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. +To the full extent permitted by law, +(a) no arbitration shall be joined with any other proceeding; +(b) there is no right or authority for any Dispute to be arbitrated +on a class-action basis or to utilize class action procedures; and +(c) there is no right or authority for any Dispute to be brought in a purported representative capacity +on behalf of the general public or any other persons. + +### Exceptions to Informal Negotiations and Arbitration +{:.no_toc} + +The Parties agree that the following Disputes are not +subject to the above provisions concerning informal negotiations binding arbitration: +(a) any Disputes seeking to enforce or protect, +or concerning the validity of, any of the intellectual property rights of a Party; +(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; +and (c) any claim for injunctive relief. +If this provision is found to be illegal or unenforceable, +then neither Party will elect to arbitrate any Dispute falling +within that portion of this provision found to be illegal or unenforceable +and such Dispute shall be decided by +a court of competent jurisdiction within the courts listed for jurisdiction above, +and the Parties agree to submit to the personal jurisdiction of that court. + +## Corrections + +There may be information on the Services that contains typographical errors, +inaccuracies, or omissions, including descriptions, pricing, availability, +and various other information. +We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information +on the Services at any time, without prior notice. + +## Disclaimer + +THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. +YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. +TO THE FULLEST EXTENT PERMITTED BY LAW, +WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, +IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, +THE IMPLIED WARRANTIES OF MERCHANTABILITY, +FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. +WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT +OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND +WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY +(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, +(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, +RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, +(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR +ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, +(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, +(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR +(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND +INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, +OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. +WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY +FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, +ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, +AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION +BETWEEN YOU AND ANY 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. + +## Limitations of liability + +IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, +OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, +EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, +LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, +EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. + +## Indemnification + +You agree to defend, indemnify, and hold us harmless, +including our subsidiaries, affiliates, and all of our respective officers, agents, partners, +and employees, from and against any loss, damage, liability, +claim, or demand, including reasonable attorneys' fees and expenses, +made by any third party due to or arising out of: +(1) use of the Services; +(2) breach of these Legal Terms; +(3) any breach of your representations and warranties set forth in these Legal Terms; +(4) your violation of the rights of a third party, +including but not limited to intellectual property rights; or +(5) any overt harmful act toward any other user of the Services with whom you connected via the Services. +Notwithstanding the foregoing, we reserve the right, +at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, +and you agree to cooperate, at your expense, with our defense of such claims. +We will use reasonable efforts to notify you of any such claim, action, or proceeding +which is subject to this indemnification upon becoming aware of it. + +## User data + +We will maintain certain data that you transmit to the Services +for the purpose of managing the performance of the Services, +as well as data relating to your use of the Services. +Although we perform regular routine backups of data, you are solely responsible +for all data that you transmit or that relates to any activity you have undertaken using the Services. +You agree that we shall have no liability to you for any loss or corruption of any such data, +and you hereby waive any right of action against us arising from any such loss or corruption of such data. + +## Electronic communications, transactions, and signatures + +Visiting the Services, sending us emails, +and completing online forms constitute electronic communications. +You consent to receive electronic communications, +and you agree that all agreements, notices, disclosures, +and other communications we provide to you electronically, +via email and on the Services, +satisfy any legal requirement that such communication be in writing. +YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, +AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, +AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. +You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, +or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, +or to payments or the granting of credits by any means other than electronic means. + +## California users and residents + +If any complaint with us is not satisfactorily resolved, +you can contact the Complaint Assistance Unit of the +Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., +Suite N 112, Sacramento, California 95834 +or by telephone at (800) 952-5210 or (916) 445-1254. + +## Miscellaneous + +These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services +constitute the entire agreement and understanding between you and us. +Our failure to exercise or enforce any right or provision of these Legal Terms +shall not operate as a waiver of such right or provision. +These Legal Terms operate to the fullest extent permissible by law. +We may assign any or all of our rights and obligations to others at any time. +We shall not be responsible or liable for any loss, damage, delay, +or failure to act caused by any cause beyond our reasonable control. +If any provision or part of a provision of these Legal Terms is determined to be unlawful, +void, or unenforceable, that provision or part of the provision is deemed severable +from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. +There is no joint venture, partnership, employment or agency relationship created between you and us +as a result of these Legal Terms or use of the Services. You agree that +these Legal Terms will not be construed against us by virtue of having drafted them. +You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms +and the lack of signing by the parties hereto to execute these Legal Terms. + +## Contact us + +In order to resolve a complaint regarding the Services or +to receive further information regarding use of the Services, please contact us by email at {{ email }}.