Favy Terms of Service
Thanks for installing and using Favy. Please take a moment to read these terms. We've summarized them in plain English right up front. Our lawyers told us to put the rest in, but we made sure that they are as understandable as possible, there's nothing scary in there...
In Plain English:
Clauses 1-3 and 18-19 cover what this agreement is about, how it works, how it might change in the future, and how it relates to any other agreements we have with you. The lawyers love that sort of stuff...
Clauses 4-5 allow us to continue developing the product and releasing new versions, and allow you to start and stop using it at any time (of course! But we hope you won't want to stop)
Clauses 6-7 ask you to keep your password private, and suggest you check out our Privacy Policy, which we've also made simple and easy to understand if you visit http://www.favy.com/help/legal-and-privavy#privacy
Clauses 8-11 talk about the content of the service - we allow you to continue to own the bits you already own, and you agree we can own the content that we've created. But either way we give each other the right to use everything we have to provide a better service to you
Clause 12 asks you to agree to receive product updates when they come out - we promise they'll be worth it!
Clause 13 is about your right to end this agreement and your relationship with Favy. We really hope it doesn't come to that, but if it does, we'd love to know why (http://www.favy.com/uninstall)
Clauses 14-15 talk about what we can and can't be held responsible for, so that you know your rights
Clauses 16-17 just say that we will provide (what we believe are useful) advertisements, and that we will link to sites where we don't control the content
That's the summary, but do read the terms below!
1. Your relationship with Favy
1.1 Your use of Favy's products, software, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by Favy under a separate written agreement) is subject to the terms of a legal agreement between you and Favy. "Favy" means Favy Limited, whose UK registered office is at Suite 299, 2 Lansdowne Row, London W1J 6HL. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Favy, your agreement with Favy will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".
1.3 Your agreement with Favy will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Favy in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Favy in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Favy will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Favy, or (b) you are a person barred from receiving the Services under the laws of the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where Favy has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Favy.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by Favy
4.1 Favy has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of Favy itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 Favy is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Favy provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that Favy may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Favy's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Favy when you stop using the Services.
4.4 You acknowledge and agree that if Favy disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while Favy may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Favy at any time, at Favy's discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Favy will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Favy, unless you have been specifically allowed to do so in a separate agreement with Favy. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Favy, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Favy has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Favy may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Favy for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Favy immediately at http://www.favy.com/help/home
7. Privacy and your personal information
7.1 For information about Favy's data protection practices, please read Favy's privacy policy available through the website at http://www.favy.com/. This policy explains how Favy treats your personal information, and protects your privacy, when you use the Services.
7.2 You agree to the use of your data in accordance with Favy's privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Favy (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Favy or by the owners of that Content, in a separate agreement
8.3 Favy reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Favy may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that Favy has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Favy may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that Favy (or Favy's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Favy and that you shall not disclose such information without Favy's prior written consent.
9.2 Unless you have agreed otherwise in writing with Favy, nothing in the Terms gives you a right to use any of Favy's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Favy, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Favy's brand feature use guidelines as updated from time to time. These guidelines can be viewed online at http://www.favy.com/ (or such other URL as Favy may provide for this purpose from time to time).
9.4 Other than the limited license set forth in Section 11, Favy acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Favy, you agree that you are responsible for protecting and enforcing those rights and that Favy has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by Favy, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from Favy
10.1 Favy gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Favy as part of the Services as provided to you by Favy (referred to as the "Software" below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Favy, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Favy, in writing.
10.3 Unless Favy has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content licence from you
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Favy a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Favy to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this licence includes a right for Favy to make such Content available to other companies, organizations or individuals with whom Favy has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that Favy, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Favy to take these actions.
11.4 You confirm and warrant to Favy that you have all the rights, power and authority necessary to grant the above licence.
12. Software updates
12.1 The Software which you use may automatically download and install updates from time to time from Favy. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Favy to deliver these to you) as part of your use of the Services.
13. Ending your relationship with Favy
13.1 The Terms will continue to apply until terminated by either you or Favy as set out below.
13.2 If you want to terminate your legal agreement with Favy, you may do so by (a) notifying Favy at any time and (b) closing your accounts for all of the Services which you use, where Favy has made this option available to you. Your notice should be sent, in writing, to Favy's address which is set out at the beginning of these Terms.
13.3 Favy may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Favy is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Favy offered the Services to you has terminated its relationship with Favy or ceased to offer the Services to you; or
(D) Favy is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Favy is, in Favy's opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect Favy's rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Favy have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. Exclusion of warranties
14.1 nothing in these terms, including sections 14 and 15, shall exclude or limit favy's warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
14.2 you expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available."
14.3 in particular, favy, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:
(a) your use of the services will meet your requirements,
(b) your use of the services will be uninterrupted, timely, secure or free from error,
(c) any information obtained by you as a result of your use of the services will be accurate or reliable, and
(d) that defects in the operation or functionality of any software provided to you as part of the services will be corrected.
14.4 any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
14.5 no advice or information, whether oral or written, obtained by you from favy or through or from the services shall create any warranty not expressly stated in the terms.
14.6 favy further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
15. Limitation of liability
15.1 subject to overall provision in paragraph 14.1 above, you expressly understand and agree that favy, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
(a) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
(ii) any changes which favy may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
(iii) your failure to provide favy with accurate account information;
(iv) your failure to keep your password or account details secure and confidential;
15.2 the limitations on favy's liability to you in paragraph 15.1 above shall apply whether or not favy has been advised of or should have been aware of the possibility of any such losses arising.
16. Advertisements
16.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
16.2 The manner, mode and extent of advertising by Favy on the Services are subject to change without specific notice to you.
16.3 In consideration for Favy granting you access to and use of the Services, you agree that Favy may place such advertising on the Services.
17. Other content
17.1 The Services may include hyperlinks to other web sites or content or resources. Favy may have no control over any web sites or resources which are provided by companies or persons other than Favy.
17.2 You acknowledge and agree that Favy is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
17.3 You acknowledge and agree that Favy is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
18. Changes to the Terms
18.1 Favy may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Favy will make a new copy of the Universal Terms available at http://www.favy.com/terms/ and any new Additional Terms will be made available to you from within, or through, the affected Services.
18.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Favy will treat your use as acceptance of the updated Universal Terms or Additional Terms.
19. General legal terms
19.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
19.2 The Terms constitute the whole legal agreement between you and Favy and govern your use of the Services (but excluding any services which Favy may provide to you under a separate written agreement), and completely replace any prior agreements between you and Favy in relation to the Services.
19.3 You agree that Favy may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
19.4 You agree that if Favy does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Favy has the benefit of under any applicable law), this will not be taken to be a formal waiver of Favy's rights and that those rights or remedies will still be available to Favy.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
19.6 You acknowledge and agree that each member of the group of companies of which Favy is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
19.7 The Terms, and your relationship with Favy under the Terms, shall be governed by the laws of the United Kingdom without regard to its conflict of laws provisions. You and Favy agree to submit to the exclusive jurisdiction of the courts located within the United Kingdom to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Favy shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Privacy Agreement
Favy ("Favy", "us" or "we") respects the privacy of the visitors to the Website, the home page of which is located at http://www.favy.com.
This privacy policy (the "Privacy Policy") is intended to inform you of our policies and practices regarding the collection, use and disclosure of any Personal Information and Anonymous Information you submit to us through our Services and/or the Favy toolbar (the "Toolbar"). Unless otherwise defined herein, capitalized terms shall have the meanings assigned to such terms set forth in the Terms of Service for the Favy Services
"Personal Information" is information about you that is personally identifiable to you like your name, address, e-mail address, or phone number, as well as other non-public information that is associated with the foregoing.
"Anonymous Information" means information that is not associated with or linked to your Personal Information; Anonymous Information does not permit the identification of individual persons.
We collect and use Personal Information and Anonymous Information as described in this Privacy Policy.
User Consent
By submitting Personal Information through our Services, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Information according to this Privacy Policy and you agree to the Favy Terms of Service.
Your Personal Information may be processed by us in the country where it was collected as well as other countries (including the United States) where laws regarding processing of Personal Information may be less stringent than the laws in your country.
Personal Information You Provide to Us
Favy does not collect any Personal Information about you (such as your name, email address, age, preferences, etc.) except when you specifically and knowingly provide such information. The Personal Information we gather from you helps us learn about our members and potential members of our community and the users of the Toolbar. We collect Personal Information that you submit to us voluntarily through our Service and/or the Toolbar. The types of Personal Information we collect are:
- When you sign up for our Favy Services, we will collect your email address.
- When you personalize your Favy Profile, we will collect any information you provide, such as your name or gender, and any other optional information about you, your lifestyle, and your interests.
- When you enter any information, including Personal Information, into any postings or comments within the Favy Services, we will collect such information and this information might be available for some, a subgroup of, or even all members of the Favy Services, depending on how and where this information was posted by you (see Use of Information below).
- When you leave us feedback, we will collect any information that is contained in your feedback.
- When you contact us by sending us an e-mail, we will collect your e-mail address and any information contained in the e-mail you send us.
The Favy Profile that you create when you sign up for our Favy Services may contain Personal Information such as your name, username, age, and location. All the information in your Favy Profile, including Personal Information, that you select to be publicly displayed will be public information and any Favy Member will be able to view it. Your username and general physical location will always be publicly displayed.
Personal Information Collected Via Technology
As you navigate our Website or use the Favy Services, certain information may also be collected passively, including your Internet protocol address, browser type, operating system, time of day, general physical location, and browser language. Favy uses this information only in aggregate to determine the composition of our userbase, and the load on our servers, so that we can serve you better. Favy will use geographic information regarding your location to display your general location (e.g., city and state). You may choose to display a different location by editing this information in your Member Profile. This information is associated with a user identifier for the purpose of improving your experience, for example to recommend websites that correspond to your profile and interests, including the websites of our advertisers.
If you are using or logged into the Favy Services, or are browsing with the Toolbar, the Toolbar will transmit to Favy's servers information regarding which pages you view. Unless we have your explicit permission, we will not store this data.
Periodically, the Toolbar contacts our servers to see if you are running the most current version of the Toolbar. If necessary, we will automatically provide you with the latest update to the Toolbar (Internet Explorer version only).
An "Internet protocol address" or "IP Address" is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. We track IP Addresses solely in conjunction with session cookies to analyze our web page flow.
"Cookies" are small pieces of information that a website sends to your computer's hard drive while you are viewing a website. Cookies can identify you as a unique user of the Website. Upon your first use of the Toolbar or site, Favy may send a Cookie to your computer. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Website. Persistent Cookies can be removed by following Internet browser help file directions. If you choose to disable Cookies, some areas of the Website may not work properly.
Favy uses Cookies to store your preferences. Favy will not disclose its Cookies to third parties except as required by a valid legal process such as a search warrant, subpoena, statute, or court order. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Be aware, however, that the Toolbar may not function properly and you may not be able to utilize all of the functionality of the Services if you refuse cookies. We may use information collected about you to deliver to you websites, advertisements, or other content we think may be of interest to you.
We may also contract with third parties in order to promote the products and/or services of these third parties by placing ads on the Website. We may use information that was posted by members of the Favy Services to tailor the display of ads to the interest of the members of our community. Clicking on such ads will direct you to the website of the third party and the third party may also use Cookies in connection with these ads. Please be advised that we are not responsible for these other websites or any content on these other websites and that this Privacy Statement does not govern your visit of these other websites.
Personal Information We Receive From Other Sources
We may receive Personal Information about you from other sources like telephone or fax, or from third parties that provide services for us in connection with the Favy Services. We may add this information to the information we have already collected from you via our Website or through the Toolbar in order to improve our community and our Services.
Use of Information
In general, Personal Information you submit to us is used by us either to sign you up for our community, respond to requests that you make, to improve our community and Services and to better tailor the features, performance and support of the Services and the Toolbar, and to offer you additional information, opportunities, and functionality. We may also use your Personal Information to provide you with electronic newsletters or promotional e-mails, should you request to receive such communications from us.
Information you provide, with the exception of your email address, will also be displayed on your profile page which is viewable by other users of Favy. Please be aware that if you enter any Personal Information into publicly available sections of the Favy Services, this information will be displayed to anyone who has access to these sections. These publicly available sections of the Favy Services include, without limitation, posts and comments of other Favy Members.
We may create Anonymous Information records from Personal Information by excluding information (such as your name) that make the information personally identifiable to you. We may use this Anonymous Information to analyze usage patterns so that we may enhance our community and Services. We reserve the right to use and disclose Anonymous Information to third parties in our discretion.
If we delete your account at your request, we will delete all Personal Information from the account, but we retain the right to maintain non-personally identifiable information about the account (e.g. date created, date terminated, etc.). Also, if we terminate your account as allowed under the Terms of Service, we may choose to maintain all data collected from your use of the Favy Services, including Personal Information.
Ratings and Feedback
When you click on the rating buttons in the Toolbar if and where they exist, you are explicitly sending information about your preferences for the site currently displayed in your browser. Favy uses this information in order to improve its recommendations to you, and to others.
If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we will not associate such feedback with your Personal Information. We will collect any information contained in such communication and will treat the Personal Information in such communication in accordance with this Privacy Policy.
Disclosure of Personal Information
We do not trade, rent, or share your Personal Information with third parties, unless it is available on your profile page, without your express written consent, except as set forth in this Privacy Policy.
If you invite a third party to join Favy through the Favy email service, we will disclose your email address to the invitee. Also, if you share a website with a friend through the Favy service, we will disclose your email address to the recipient.
We may provide your Personal Information to third party service providers who work on behalf of or with us to provide some of the services and features of the Favy community and Services and to help us communicate with the members of our community. However, these service providers do not have any independent right to share this information (expect pursuant to a legal requirement such as a subpoena or warrant).
Any information contained on publicly available portions of the Favy website (e.g. member profiles or other areas that are not password protected) may be "crawled" by third party search engines. As a result, any Personal Information you include on such publicly available portions of the Favy website may be accessible through search engines in search results. Moreover information on publicly any information you place on publicly available portions of the website, including Personal Information, is accessible by any third party and is not subject to this Privacy Policy.
We may share some or all of your Personal Information with our parent company, any subsidiaries, joint ventures, or other companies under a common control with us ("Affiliates"), in which case we will require our Affiliates to honor this Privacy Policy.
If our company or our assets are acquired by another company, that company will possess the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.
However, we may share some aggregate information about our userbase with sponsors and business partners. For example, we may disclose how frequently the average Favy user visits a certain site, or how many users are signed up for a given interest.
We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend the rights or property of us, Users and Visitors of our Website, or third parties. We may also transfer your specific personal information in connection with a merger, acquisition, or sale of assets. If the acquiring entity's processing of your information will materially differ from that set forth in this Privacy Policy, we will notify you via posting on our web site.
Your Choices Regarding Your Personal Information
We offer you choices regarding the collection, use and sharing of your Personal Information. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail you receive.
Despite your indicated e-mail preferences, we may send you administrative e-mails regarding our community and Services or notices of any updates to our Terms of Service for the Favy Service, any Toolbar License Agreement, or Privacy Policy.
You may change any of the Personal Information in your Favy Profile by editing it.
Regarding Children
We do not intentionally gather Personal Information about Visitors or Users who are under the age of 13.
Other Sites
Our provision of links or access to other websites or locations is for your convenience and does not signify our endorsement of such other websites or location or its contents. The sites that Favy recommends are entirely out of our control. As such, Favy takes no responsibility for them, or their content. These other sites may send their own cookies to users, collect data, or solicit personal information. Links to other websites or locations may also be posted by other Favy Members within the Favy community. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites.
Security
We use reasonable measures to maintain the security of your Personal Information. However, no company, including us, can fully eliminate security risks associated with Personal Information.
Contact Us
Should you have any questions or concerns regarding this Privacy Policy, please contact us.
Privacy Policy Updates
As part of the Terms of Service, this Privacy Policy is subject to occasional amendment, in accordance with the terms of the Terms of Service.