1. Effective Date
4. Prohibited Uses; Right to Terminate Access
You agree not to use the Site to, in any way:
- violate any applicable federal, state, local, or international law or regulation;
- exploit, harm, or attempt to exploit or harm minors, including but not limited to exposing them to inappropriate content or improperly asking them for personally identifiable information;
- threaten, harass, or otherwise abuse others, including but not limited to ISMD, its employees, agents, affiliates, contractors, service providers, or Site users;
- copy, reproduce, distribute, modify, display, republish, transmit, repost, or otherwise use any of the content on our Site without prior written permission from ISMD (which must be sought via the contact information provided below);
- “spam,” gather, or attempt to gather personally identifiable information belonging to users or others for the purposes of spamming, marketing, selling to third parties, or otherwise improperly soliciting or abusing ISMD or Site users;
- engage in dishonest or deceptive behavior, including but not limited to impersonating or attempting to impersonate another person or entity, or attempting to gain unauthorized access to any part of the Site, or the computers, servers, or databases connected thereto;
- engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm ISMD, its employees, agents, affiliates, contractors, or service providers, the Site, Site users, or expose such persons or entities to liability; or
- otherwise attempt to interfere with the proper functioning and/or operation of the Site.
5. When/How Do We Collect Your Personally Identifiable Information?
Active Collection Methods. ISMD collects personally identifiable information from you when you voluntarily share it with us by, for example, sharing your name, email address, phone number, physical address, or other information when contacting us, posting on our blog, or donating to ISMD.
Passive Collection Methods. We may place information in our emails to you (such as a web beacon) that allows us to measure our email deliverability. We also may passively collect your Internet Protocol Address (“IP Address”). We may also collect and store information about where you are located, such as by converting your IP Address into a rough geolocation.
- User Content
- Donations; Purchases from our Shop
Finally, our Site also may offer you the opportunity to donate anonymously. If you elect to do so, your donation information will be shared only with our third-party processor; the processor will share only the amount of your donation with ISMD, and none of your other personal information.
- Children Under Thirteen Years of Age
6. How Do We Use Your Personally Identifiable Information?
ISMD may use the personally identifiable information that it collects from you via the Site amongst its employees, agents, affiliates, contractors, and service providers in order to (1) help us operate, analyze, develop, deliver, maintain, and improve the Site, its products, services, content, advertising, and communications; (2) contact you regarding information relevant to ISMD’s business, products, or services, or respond to your inquiries; or (3) engage in ordinary business, fundraising, marketing, and relationship-building communications with you.
7. Retention of Personally Identifiable Information
8. Security of Your Information
We use reasonable administrative, technical, and physical measures to safeguard the privacy and integrity of your personally identifiable information, including but not limited to various restrictions on who can access the information and the servers on which it is stored. However, we cannot guarantee the security of any of your information, or the sufficiency of our security measures to prevent unauthorized access to it. Unauthorized access, interception, or use, hardware or software failure, and other factors may compromise the security of user information at any time.
9. Collection of Non-Personally Identifiable Information
We may collect certain non-personally identifiable information (information that does not personally identify the user) through the Site, including but not limited to through the use of “cookies” (small text files that are placed on your computer or other device by a website) to help secure your connection to the Site, to determine whether you have visited the Site previously, to save and remember any preferences that you set while using the Site, and to help us learn how our users interact with the Site. This information may be tracked anonymously, but in the aggregate helps us learn how to make our content and Site design more effective. Your browser may allow you to accept all cookies, notify you when a cookie is sent, or reject all cookies, but it may not be possible to use certain parts of the Site if cookies are rejected. We also may collect non-personally identifiable information about how people use the Site, which may include the operating system you are working on, the Internet browser or mobile device you are using, or the screen resolution of your computer. This information helps us to improve the design of the Site. We may also collect general usage information such as the number of our visitors, the frequency and length of those visits, which pages or features of the Site they have visited, and which links on the Site they have clicked on. We may also use third-party applications and services to collect and analyze this information. This information enables us to figure out how often individuals use the Site so that we can analyze and improve them. Some of this information may be associated with the IP Address used to access the Site. This information helps us to improve the content of the Site.
We may share non-personally identifiable information with third parties.
10. Access to and Deletion of Information; Opting Out of Communications
To opt out of email communications from ISMD, request deletion of blog comment, or request removal of your personally-identifiable information from our records, please email email@example.com. Note that deleting your information may not fully remove it from our systems, as caching of, backups of, copies of, or references to your information may not be immediately removed.
Your California Privacy Rights. Under California Civil Code section 1798.83, California resident customers with whom we have an established business relationship are entitled, once per calendar year, to ask us for a notice identifying the categories of personally identifiable information that we share with our affiliates and/or third parties for marketing purposes, and to provide contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please email us at firstname.lastname@example.org, or submit a written request to us at the following address: Thea Boodhoo, 1160 Mission Street, Unit 1611, San Francisco, CA 94103.
11. Do-Not-Track Requests
Our Site does not respond to Do-Not-Track requests.
12. Warranty Disclaimer; Site Available “As-Is”; License to Use Content
13. Release from Liability
YOU RELEASE, TO THE FULLEST EXTENT PERMITTED BY LAW, ISMD, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, VOLUNTEERS, INTERNS, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, AND/OR DAMAGES OF EVERY KIND AND NATURE (INCLUDING WITHOUT LIMITATION ACTUAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES), KNOWN AND UNKNOWN, ARISING OUT OF, OR IN ANY WAY CONCERNING THE SITE, INCLUDING WITHOUT LIMITATION THE FOLLOWING: DISPUTES BETWEEN USERS OF THE SITE, INCLUDING THOSE BETWEEN YOU AND OTHER USERS; THIRD-PARTY SITES AND SERVICES, INCLUDING CONTENT FOUND ON SUCH SITES AND SERVICES; DISPUTES CONCERNING ANY USE OF OR ACTION TAKEN USING YOUR ACCOUNT BY YOU OR A THIRD PARTY; CLAIMS RELATING TO THE UNAUTHORIZED ACCESS TO ANY DATA COMMUNICATIONS OR CONTENT STORED UNDER OR RELATING TO YOUR ACCOUNT, INCLUDING UNAUTHORIZED USE OR ALTERATION OF SUCH COMMUNICATIONS OR YOUR CONTENT; OR CLAIMS RELATING TO ANY INVOLVEMENT WITH A THIRD PARTY WHILE IN THE COURSE OF USING THE SITE, WHETHER ON THE INTERNET, IN A PHYSICAL LOCATION, OR OTHERWISE. YOU UNDERSTAND THAT SUCH THIRD PARTY IS NOT A REPRESENTATIVE, EMPLOYEE, AGENT, OR AFFILIATE OF ISMD, AND SHALL NOT BE CONSIDERED AS SUCH FOR ANY PURPOSE WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ISMD, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SITE, INCLUDING WITHOUT LIMITATION DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ISMD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF ISMD AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LESSER OF FIFTY DOLLARS (US $50.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SITE. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability, so the limitations above may not apply to you.
14. Governing Law; International Users
ISMD and the Site are operated in the United States. If you are located outside of the United States, please be aware that any information you provide will be collected in or transferred to the United States. By using the Site and/or providing ISMD with your information, you consent to that collection and transfer.
15. Entire Agreement; Severability
16. Contact Us