This policy does not apply to information about you collected by third party websites and offerings linked to or otherwise accessible from the Services. The information collected or received by third parties is subject to their own privacy policies.
Collection of Your Information
We collect or receive information about your interactions with the Services. Registering with AIB and/or the Services is optional and we may collect information even if you do not register. Depending on how you use AIB’s Services, the information we collect may include:
- registration-related information (such as name, addresses, e-mail addresses, telephone numbers, birth date, or gender);
- information about the Services that you use, how frequently you use them; and your responses to the offerings and any advertisements presented on the Services or other features made available by AIB, including those available on third party websites;
- information about the searches you perform on, about and through Services and how you use the results of those searches;
- transaction-related information (such as credit card or other preferred means of payment, billing or shipping information, or a history of products purchased through the Services);
- customer service information about you as a user of the Services;
- location data and other information about devices used to access and interact with the Services; or
- other information specifically related to your use of Services, including information that you publicly post using tools made available by the Services.
Your information may be supplemented with additional information from other companies such as publicly available information, information about households, and other information that we may append or match to your Services information.
AIB may also receive or collect certain technical information when you use our Services. This may include: your browser or operating system, your manner of connecting to the Internet (including the type of device you are using) and the
name of your Internet service provider or wireless carrier; your Internet protocol (IP) address; information about the Services that you used prior to registering with; and data relating to malfunctions or problems occurring when you use the Services. Additionally, we may collect information about other software on your device for the limited purpose of protecting your security or improving your online experience.
How Your Information is Used
Your information is used for purposes that include:
- to operate and improve the Services;
- to personalize the content and advertisements provided to you;
- to fulfill your requests for products, programs, and services;
- to communicate with you and respond to your inquiries;
- to conduct research about your use of the Services; and
Sharing of Your Information
The contents of your online communications, as well as other information about you as a user of the Services, may be accessed and disclosed under the following circumstances: in response to lawful governmental requests or legal process (for example, a court order, search warrant or subpoena), in other circumstances in which we have a good faith belief that a crime has been or is being committed by a Services user, that an emergency exists that poses a threat to the safety of you or another person, when necessary either to protect the rights or property of AIB, or for us to render the service you have requested.
Please note that if you use communications tools of the Services to disclose information about yourself publicly (for example, in chat rooms or online message boards or profiles made available by the Services), others on the Internet may obtain access to information you provide.
Our offerings may include features or functionalities provided by third parties. In the process of providing such functionalities within the Services, your browser may automatically send certain technical information to the third party provider. The use of these third-party provided features or functionalities is subject to their own privacy policies.
Business partners or other third parties may receive data about groups of users, but do not receive information that personally identifies you.
We may use agents and contractors in order to help operate the Services. Their use of information is limited to these purposes.
In the event that operation of the Services was to be transferred to an entity other that AIB, your information may be transferred. If such a transfer results in a material change in the use of your information, you will be provided notice about the choices you have to decline to permit such a transfer.
Display of Advertising
Your information may be used for the presentation of advertisements. We may use ad networks to customize and display advertising on the Services. We may share certain information about you as a user (such as age, zip code, or other information we have collected or received) with certain ad network and service providers to help them deliver more relevant content and advertisements through their networks.
Our Commitment to Security
Our Services are intended for a general audience, and children under the age of 13 should not register. We do not knowingly contact or collect personal information from children under 13. If you believe we have inadvertently collected such information, please contact us so we can promptly remove the information.
How to Contact Us
Last Updated 06-June-2013
Terms of Service
By using the Services or registering with us, you are agreeing to the TOS and may use our Services as long as you comply with the TOS.
Registering a Username
You will need a username to use some Services. A username is a unique identifier selected or supplied by you or provided by us and is used to identify you on our Services.
To register a username and create an account if you are a United States resident, you must be at least 13 years of age. If you are not a United States resident, you must meet any requirements such as sufficient age to legally use the Service. Information you provide us about yourself, if any, must be true and accurate and up to date.
You are responsible for maintaining security and control over any e-mail address or online identifier provided to us as a username. If you fail to maintain security or control over such an e-mail address or other online identifier, you are responsible for any consequences and may lose access to your personal information and any data stored on our Services. Also, we are not responsible for the release or loss of any information that is identified with that address or identifier.
After we terminate or deactivate your account, we have no obligation to retain, store, or provide you with any data, information, e-mail, or other content that you uploaded, stored, transferred, sent, mailed, received, forwarded, posted or otherwise provide to us (collectively “posted” or “post”) on the Services and may allow another user to register and use the username. We also have no obligation to remove any public data, content, or other information that you posted on a Service or reactivate your account.
Using Our Services
To use our Services, you must:
a. Comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities;
b. Immediately notify us if you learn of a security breach or other illegal activity on the Services;
c. Protect your username and password
d. Not post content that contains explicit or graphic descriptions or accounts of sexual acts or is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or tortious;
e. Not engage in an activity that is harmful to us or our customers, advertisers, affiliates, vendors, or anyone else;
f. Not use any automated process to access or use the Services or any process, whether automated or manual, to capture data or content from any Service for any reason; and
g. Not use any Service or any process to damage, disable, impair, or otherwise attack our Services or the networks connected to the Services.
To prevent violations and enforce this TOS and remediate any violations, we can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you.
You are responsible for obtaining at your own expense all equipment and services needed to access our Services. If you are accessing our Services by a mobile device, your wireless carrier may charge you fees for data, text messaging, and other wireless access or communications services. We do not guarantee that our mobile Services can be accessed through all wireless devices or service plans or are available in all geographical locations.
If you elect to store authentication information, such as a username and password, where others may access it, we are not responsible for any loss of personal data or other consequences if someone other than you uses that information to access our services. If you lose a device, such as a laptop, desktop, or smartphone, or a device is stolen containing your username and password, it is up to you to take all the steps necessary to protect yourself.
When providing you with our Services, we may display advertising within them and you agree to accept the advertising on whatever devices, including a wireless phone, you are using to access our Services.
We may, in our sole discretion, change any aspect of a Service or discontinue a Service without notice. Your username and account may be terminated by us at any time in our sole discretion.
The Services are based in the United States. They are not designed or customized for any other country. You may use them only if they comply with the laws of the country from which you are accessing our Services.
Posting Content on Our Services
You can post content to a Service only if (a) you created and own the rights to the content or you have the owner’s express permission to post the content; and (b) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks, or privacy rights) or violate any applicable laws, this TOS or any other posted policies. We can remove content for any reason.
You are responsible for any content you post to our Services and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your home address, the home address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SERVICES.
You may not post content intended to provide professional advice, including the provision of medical treatment, legal advice, or investment advice. You may not post content to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person.
Except as otherwise provided in this TOS, you or the owner of any content (including without limitation your name, biographical information, sexual orientation, relationship status, opinions, history and pictures) that you post to our Services retain ownership of all rights, title, and interests in that content. However, by posting content on a Service, including without limitation to our “Faces of Bisexuality” page of public profiles, you are granting us and our assigns, agents, and licensees, for consideration acknowledged to be sufficient, a non-exclusive, perpetual, royalty-free license to use, copy, adapt, modify, reproduce, publicly perform or display, remix, publish, stream, store, retain, transmit, scan, reformat, edit, frame, translate, excerpt, create derivative works and distribute (directly and through multiple tiers,) perform and sublicense such content, in whole or part, individually or in conjunction with other materials, for any non-commercial purposes whatsoever, throughout the world, including without limitation the purposes of producing and distributing our “Faces of Bisexuality” profiles page. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content). You understand that content about yourself will be publicly available. You understand that for editorial, stylistic and format considerations, we may modify the content of your posting, and that such modified content may or will be publicly available and associated with your picture and name. You understand the nature of the Service, and you hereby waive and agree not to bring any claims against us regarding intrusion (such as any allegedly offensive behavior or questioning or any invasion of privacy,) false light (such as any allegedly false or misleading portrayal of you,) infliction of emotional distress (whether allegedly intentional or negligent,) breach of any alleged oral or written contract, allegedly deceptive business or trade practices, defamation (such as any allegedly false statements made in or concerning the content,) or the like. For the avoidance of doubt, you acknowledge that the Service will include information about sexual orientation, including your own, and related matters.
When you use a Service that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms.
Copyright and trademark owners can report alleged violations by following the instructions for reporting claims of copyright and trademark infringement.
Using Our Content and Trademarks
Some content on our Services is created and supplied by us or by a vendor, and we or our vendor own all rights, title, and interests in that content and in any compilation, collective work or derivative work created by us using or incorporating this content.
The Services and the content provided on the Services are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights, and also may have security components that protect digital information. You agree that you will not take any action to interfere with anyone’s rights in their content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of content.
You may be given the opportunity to download certain content such as music and photos. You may do so only to the extent authorized for that particular content. You may not use the content in a manner that exceeds the rights granted for your use of the content nor may you copy or distribute the content or create a derivative work unless you are authorized to do so.
The content provided on the Services, including content posted by users, is for general information, discussion and entertainment purposes only. We make no representations or guarantees about any aspect of the content on the Services and do not endorse any opinions expressed by any users. ALL CONTENT IS POSTED “AS IS” AND YOUR USE OR RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY CONTENT.
You may not use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You may not use or allow others to use your username on a Service to e-mail, instant message, voice mail, fax, chat, send spam (e-mail) and spim (instant messages), or send any other unsolicited bulk communication. You may not access the Services to harvest or collect any information about our users for any purpose without our express written authorization. You may not create multiple usernames for sending unsolicited bulk communications or posting advertising or other notice on any Service. Any violation of these provisions may result in immediate termination of your account and legal action.
Fee-Based Services and Billing
We may offer fee-based Services and or Products. Our provision of those fee-based Services and/or Products will be governed by the terms you agree to when you register for the fee-based Service or whrn you purchase Products and any terms in this TOS not inconsistent with those terms.
Exporting of Content or Software
Your use of the Services must comply with all applicable import and export control laws and regulations of the United States and other countries and you must not transfer, by electronic transmission or otherwise, any content, data, or software subject to restrictions under such laws to a national destination, person, or entity or for an end-use prohibited under those laws without first obtaining and complying with government authorization. You must not upload any data or software to our Services that cannot be exported without prior written government authorization and notification, including, but not limited to, certain types of encryption software. The assurances and commitments contained in this section shall survive termination of this TOS.
Disclaimer of Warranties and Limitations on Remedies and Liability
WE SUPPLY OUR SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE USING OUR SERVICES IS ACCURATE OR RELIABLE OR YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR. WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS GIVE NO EXPRESS WARRANTIES OR GUARANTEES NOR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGMENT.
YOUR ONLY REMEDY FOR ANY DEFECTIVE SOFTWARE IS REPLACEMENT OF THE SOFTWARE. IN ANY OTHER DISPUTE WITH US, YOUR ONLY REMEDY IS TO STOP USING YOUR ACCOUNT AND CANCEL ANY FEE-BASED SERVICES. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-MONTH PERIOD.
WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
SOME STATES DO NOT ALLOW US TO LIMIT OUR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR EXCLUDE CERTAIN WARRANTIES. IN THOSE STATES, AIB’S LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW.
General Legal Terms
This TOS along with any supplemental terms for some Services constitutes the whole legal agreement between you and AIB and replaces any prior agreements between you and AIB.
We may modify this TOS from time to time. If you do not agree to the changes, stop using our Services (and remember to cancel any fee-based services) before the changes take effect. Your use of a Service after the effective date of any changes means that you agree to the changes.
If a court of law finds that any provision of this TOS is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
We may assign this contract at any time without notice to you. You may not assign this contact to anyone else.
You agree that the laws of the State of California govern this contract and any claim or dispute that you may have against us, without regard to California’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Los Angeles, California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Registrations, agreements, and terms presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding our Services electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information. If you decided not to receive notices from us electronically, we may cancel your account and terminate access to the Services.
In accordance with our Civil Subpoena Policy, we may be required by law to release information to a third party about your account, including the content of e-mail. Except as prohibited by law, we will send you notice if we plan to comply with a civil subpoena related to your account. You agree to hold us harmless for the release of any information related to your account in connection with a civil subpoena including, but not limited to, any claims that you did not receive notice of the civil subpoena from us.
Last Updated 05-May-2013
American Institute of Bisexuality, Inc. Civil Subpoena Policy
AIB’s Terms of Service provide that AIB will release account information or information sufficient to identify a member “only to comply with valid legal process such as a search warrant, subpoena or court order . . .” Thus, if you seek such identity or account information in connection with a civil legal matter, you must serve AIB with a valid subpoena. Note, public profile information posted by Registrant(s) or User(s) may include information sufficient for third parties to learn the identities of Registrant(s) or User(s).
AIB is headquartered in Los Angeles, California and subject to the jurisdiction of Los Angeles County Superior Court and the United States District Court for the Central District of California. For applicable requirements governing the issuance of subpoenas in these jurisdictions, please consult your own attorney or applicable law including Rule 45 of the Federal Rules of Civil Procedure.
Upon receipt of a valid subpoena, it is AIB’s policy to promptly notify the Registrant(s) or User(s) whose information is sought. In non-emergency circumstances, AIB will not produce the subpoenaed Registrant/User identity information until approximately four weeks after receipt of the subpoena, so that the Member/User whose information is sought will have adequate opportunity to move to quash the subpoena in court. AIB invoices for costs associated with subpoena compliance. We charge an hourly rate for research, as well as for shipping costs and copying. Subpoenas should be directed to:
AIB Custodian of Records
American Institute of Bisexuality, Inc.
8265 W Sunset Blvd Ste 105
West Hollywood, CA. 90046
Please be advised that the Electronic Communications Privacy Act; 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances.
Finally, it is AIB’s policy to release information sufficient to identify an AIB Registrant/User only where the party seeking the information has filed a legal action that implicates the Registrant/User in some legally cognizable impropriety or wrongdoing. AIB requests a copy of the complaint and any supporting documentation to indicate how the identity and/or other information about the Registrant/User is related to the pending litigation.
Last Updated 05-May-2013