TERMS OF USE

Please read these Terms of Use (the “Agreement”) carefully. Your use of the Site (as defined below) constitutes your consent to this Agreement.

This Agreement is between you and Volunteer Lawyers for the Arts (“VLA” or “we”) concerning your use of (including any access to) the Volunteer Lawyers for the Arts website currently located at http://vlany.org (together with any materials and services available therein, and successor site(s) thereto, the “Site”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by VLA through the Site, or otherwise made available to you by VLA. Your use of the Site is governed by this Agreement regardless of how you access the Site, including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network or otherwise.

BY USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.

1. Changes. We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

2. Jurisdictional Issues. The Site is controlled or operated (or both) from the United States, and is not intended to subject VLA to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

3. NO LEGAL ADVICE OR ATTORNEY-CLIENT RELATIONSHIP. WHILE THE INFORMATION ON THE SITE CONCERNS LEGAL ISSUES, IT IS NOT LEGAL ADVICE. MOREOVER, USE OF THE SITE IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, A SOLICITATION FOR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP; NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SITE. NEITHER YOUR RECEIPT OF INFORMATION AVAILABLE THROUGH THE SITE, NOR ANY E-MAIL OR OTHER COMMUNICATION THAT YOU SEND TO US OR POST THROUGH THE SITE, WILL CREATE AN ATTORNEY-CLIENT RELATIONSHIP, AND NO SUCH E-MAIL OR COMMUNICATION WILL BE TREATED AS CONFIDENTIAL. YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF INFORMATION AVAILABLE THROUGH THE SITE WITHOUT SEEKING ADVICE OF COUNSEL IN THE RELEVANT JURISDICTION. FURTHER, INFORMATION AVAILABLE ON THE SITE IS GENERAL IN NATURE, AND MAY NOT APPLY TO PARTICULAR FACTUAL OR LEGAL CIRCUMSTANCES.

4. Information Submitted Through the Site. Your submission of information through the Site is governed by VLA’s Privacy Policy, located at [URL] (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.

5. Rules of Conduct. In connection with the Site, you must not:

  • Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
  • Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Impersonate any person or entity, including by using another person’s or entity’s user name, password or other account information, or name, likeness, voice, image or photograph.
  • Harvest or collect information about users of the Site.
  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
  • Restrict or inhibit any other person from using the Site.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without VLA’s express prior written consent.
  • Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark or other proprietary rights notice from the Site.
  • Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without VLA’s express prior written consent.
  • Systematically download and store Site content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without VLA’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, VLA grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. VLA reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site.

6. Donations. If you wish to make a donation or contribution through the Site (a “Donation”), please note that we may use one or more third-party payment services (each, a “Payment Service”) to collect such Donations. If you wish to make a Donation, you may be directed to one or more web pages hosted by the applicable Payment Service or such Payment Service’s service providers, and not by us (such web page(s), the “Payment Service Page(s)”). Your use of any Payment Service Page will be subject to the Payment Service’s user agreement in addition to this Agreement, and will be subject to the Payment Service’s privacy policy, not our Privacy Policy. You acknowledge and agree that we are not, and will not be, responsible or liable for the Payment Service’s services, its site or any of its acts or omissions. We reserve the right to discontinue or change any third-party payment service used in connection with the Site. We also reserve the right to refuse to accept any Donation, and we are not obligated to refund any Donation. We reserve the right to use your donation at our discretion.

7. Registration; User Names and Passwords. You may need to register to use all or part of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not VLA, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Site account.

8. Profiles and Forums. Site visitors may make available certain materials (each, a “Submission”) through or in connection with the Site, including on profile pages or on the Site’s interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. VLA has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

9. License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place VLA under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions (including any information submitted in connection with registering for the Site), and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

10. Monitoring. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Site. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose.

11. VLA’s Proprietary Rights. We and our suppliers own the Site, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include LEGAL AND BUSINESS BOOTCAMP, MEDIATEART, E-VENTS TO GO, the VLA logo and any other associated logo. All trade names, trademarks, service marks and logos on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

12. Your Use of the Site. Subject to your compliance with this Agreement, and solely for so long as you are permitted by VLA to use the Site, you may view any portion of the Site to which we provide you access hereunder, on any single device, solely for your personal, non-commercial use.

13. Third Party Materials; Links. Certain Site functionality may make available access to materials made available by third parties, including Submissions and the Payment Service Page(s) (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by VLA with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Site at any time. In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF USE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).

14. Promotions. Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

15. DISCLAIMER OF WARRANTIES. THE SITE AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. VLA DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTY THAT THE SITE AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE FREE FROM ERRORS OR HARMFUL MATERIALS, INCLUDING VIRUSES AND OTHER HARMFUL CODE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF VLA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, DONORS AND VOLUNTEERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”).
While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any such alteration, contact us at lndickens@vlany.org with a description of such alteration and its location on the Site.

16. LIMITATION OF LIABILITY. VLA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, VLA WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE SITE. THE MAXIMUM AGGREGATE LIABILITY OF VLA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO VLA TO USE THE SITE; AND (B) TEN U.S. DOLLARS ($10). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH VLA AND THE AFFILIATED ENTITIES.

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.

17. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless VLA and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.

18. Termination. This Agreement is effective until terminated. VLA may terminate or suspend your use of the Site at any time and without prior notice, including if VLA believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and VLA may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2–11 and 13–23 shall survive any expiration or termination of this Agreement.

19. Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND VLA, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT VLA AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by this Agreement. The Supplementary Procedures are available online at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

20. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that VLA does not endorse any of the products or services listed on such sites.

21. Information or Complaints. If you have a question or complaint regarding the Site, please send an e-mail to kwagner@vlany.org. You may also contact us by writing to Volunteer Lawyers for the Arts, 1 East 53rd Street, 6th Floor, New York, NY 10022, or by calling us at 212.319.2787. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

22. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to VLA a written notice by mail, e-mail or fax, requesting that VLA remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to VLA a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Kathryn E. Wagner, Esq. as follows: By mail to Kathryn E. Wagner, Esq., Volunteer Lawyers for the Arts, 1 East 53rd Street, 6th Floor, New York, NY 10022; by e-mail to kwagner@vlany.org; or by fax to 212.752.6575. Ms. Wagner’s phone number is 212.319.2787.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

23. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and VLA. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and VLA relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and VLA relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. VLA will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

Site © 2002–2014 Volunteer Lawyers for the Arts, unless otherwise noted. All rights reserved

Privacy Policy

Volunteer Lawyers for the Arts (“we,” “us”) is concerned about online privacy, and we want you to understand how we may collect your personal information through our website located at http://vlany.org (the “Site”), and how we may use and disclose such information. This Privacy Policy does not address our practices regarding information that we collect through any website other than the Site, or by any other means. By using the Site, you acknowledge that we may collect, use and disclose your information in accordance with this Privacy Policy.

We may update this Privacy Policy from time to time – you can see when it was last updated by referring to the “Last Updated” legend at the top of this page. Any updates are effective when the updated Privacy Policy is posted on the Site. You may wish to review the Privacy Policy from time to time to see any updates to the way in which we may collect, use and/or disclose your PII (as defined below). By using the Site after the Privacy Policy has been updated, you acknowledge that we may collect, use and disclose your information in accordance with such updated Privacy Policy.

What Types of Information Do We Collect From You?

We collect two basic types of information through the Site: “Personally Identifiable Information” (or “PII”) and “Other Information”.

Personally Identifiable Information is information that identifies a person as a specific individual. You do not have to provide PII to use the Site, but we may ask that you do so in order to provide you with certain Site functionality. The PII that we ask for may include your name, postal address, telephone number and e-mail address. We may also provide functionality so that you can send messages about Site-related content to a friend; by using this functionality, you affirm that you are entitled to provide us with the recipient’s name and e-mail address for this purpose and as otherwise set forth in this Privacy Policy.

Other Information is any information that does not identify a person as a specific individual. Other Information may include your MAC address, your computer type, screen resolution, OS version, Internet browser, geolocation information, and information collected through cookies, pixel tags, web beacons and other similar technologies. We may collect Other Information to, for example, better serve you with more tailored information and facilitate your ongoing use of the Site. (If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/.) Other Information may also include your Internet Protocol (IP) address, which is a number that is automatically assigned to your computer by your Internet Service Provider (ISP), and which is logged automatically in our server log files whenever you visit the Site, along with the time of your visit and the pages that you visited. Additionally, Other Information may include demographic data (such as your location), aggregate data, or other data that has been de-identified such that it no longer identifies a particular individual.

How Do We Collect Information?

When you are asked to enter information through the Site, you may be directed to one or more web pages that are hosted by a third-party data collection service (the “Data Collection Service”) or such Data Collection Service’s service provider, and not by us (such page(s), the “Data Collection Page(s)”). Any information (including PII) that you provide through a Data Collection Page will be collected by both the Data Collection Service and by us. The Data Collection Service’s privacy policy governs such Data Collection Service’s collection, use and disclosure of such information, and this Privacy Policy governs our collection, use and disclosure of such information. We have no control over any Data Collection Service’s collection of information (including in connection with the Site), or its use or disclosure of such information. As of the date identified in the “Last Updated” legend above, our Data Collection Service is Constant Contact, Inc. and its privacy policy is available through http://www.constantcontact.com.

We may also use one or more third-party payment services (each, a “Payment Service”) to collect donations or contributions made through the Site (each such donation or contribution, a “Donation”). If you wish to make a Donation through the Site, you may be directed to one or more web pages hosted by the applicable Payment Service or such Payment Service’s service providers, and not by us (such page(s), the “Payment Service Page(s)”). Your use of any Payment Service Page, and any information submitted on or through such Payment Service Page or otherwise to a Payment Service, will be subject to the applicable Payment Service’s privacy policy and not this Privacy Policy. We have no control over any Payment Service’s collection of information (including in connection with the Site), or its use or disclosure of such information.

If you provide any information to us through a social media service, including through social media plugins located on the Site, and including by authorizing such social media service to provide information to us and/or the public, then we may collect such information, and our use and disclosure of such information will be subject to this Privacy Policy.

PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY DATA COLLECTION SERVICE, PAYMENT SERVICE, SOCIAL MEDIA SERVICE OR OTHER THIRD PARTY.

How Do We Use the Information That We Collect?

Personally Identifiable Information

We and our third-party service providers may use PII:

  • to respond to your inquiries and fulfill your requests, such as to send newsletters to you.
  • to send to you important information about the Site, including changes to our terms, conditions, and policies. Because this information may be important to your use of the Site, you may not opt-out of receiving these communications.
  • to tell you about products, programs, services, opportunities and promotions, including those of third parties, that we believe may be of interest to you.
  • to send messages about products, programs or services to friends when you choose to use the Send Page to a Friend feature on the Site. We will not use your friend’s PII except to enable the message to be sent, unless we disclose any other use to you when you provide this PII; however, you should consult the Data Collection Service’s privacy policy to see how it may use your friend’s PII. Your friend may be able to see your name and e-mail address.
  • for our internal business purposes, such as data analysis, audits, improving Site functionality and identifying usage trends.
  • as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from governmental and/or public authorities, including governmental and public authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, or that of you or others; and (g) to enable us to pursue available remedies or to limit the damages that we may sustain.

Other Information

Other Information does not personally identify you. Accordingly, we may use Other Information for any purpose. We may combine Other Information with PII, such as combining your ZIP code with your name, but if we do so, then the information will be treated by us as PII for so long as it is so combined. We may aggregate PII such that the end-product does not personally identify you or any other user of the Site.

Legal Requirements

We may use PII and Other Information for any purpose required or permitted by the law of any country.

How Do We Disclose Information?

Personally Identifiable Information

Your PII may be disclosed:

  • to third parties who provide services to us, so that they can provide the services, such as data analysis, data storage, payment processing, infrastructure provision, IT services, e-mail delivery services and other similar services.
  • to a third party if you choose to use the Send Page to a Friend feature on the Site.
  • by you, such as on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials (please note that any information and materials that you post or disclose through such services will become public information, and may be available to Site visitors and to the general public; we urge you to be very careful in choosing to disclose your PII, or any other information, on or through the Site).
  • to a third party if we reorganize, merge, sell, assign, transfer or dispose of all or any part of our business, assets or stock.
  • as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from governmental and/or public authorities, including governmental and public authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, or that of you or others; and (g) to enable us to pursue available remedies or to limit the damages that we may sustain.

 

Other Information

Other Information does not personally identify you. Accordingly, we may share Other Information with third parties for any purpose.

Other Important Notices

Promotions. We may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Site. We typically ask you for certain PII when you enter and, if applicable, win a Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about our use and disclosure of your PII. To the extent that the terms and conditions of such rules concerning the treatment of your PII conflict with this Privacy Policy, the terms and conditions of such rules will control.

THIRD PARTIES. THIS PRIVACY POLICY DOES NOT ADDRESS, AND WE ARE NOT RESPONSIBLE OR LIABLE FOR, THE PRIVACY, INFORMATION OR OTHER PRACTICES OF ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION, THE PROVIDER OF THE DATA COLLECTION SERVICE, THE PROVIDER OF THE PAYMENT SERVICE, AND ANY THIRD PARTY OPERATING ANY SITE TO WHICH THIS SITE CONTAINS A LINK. THE INCLUSION OF A LINK ON THE SITE DOES NOT IMPLY OUR ENDORSEMENT OF THE LINKED SITE.

Security. We seek to use reasonable measures to protect PII under our control; however, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send to us any sensitive information via e-mail. If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at the contact address given below. If you choose to notify us by physical mail this will delay the time it takes for us to respond to the problem.

Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be non-negotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures.

Social Plugins. Certain areas of the Site may make available certain third-party social media functionality, such as the Facebook “Like” or Twitter “Tweet” buttons (“Social Plugins”). Such Social Plugins, and any third-party collection, use and disclosure of any information through or in connection with such Social Plugins, are subject to the applicable third party’s privacy policies, which may differ from this Privacy Policy. For example, a Social Plugin provider may be able to collect information about you through such Social Plugin, including your activity on the Site, and such provider may disclose information on the applicable social network about your use of the Site. Social Plugins may also employ unique identifiers that allow your activity to be monitored across multiple websites by such providers and other third parties, including for purposes of delivering targeted advertising to you.
Do Not Track Signals. We note that the Site will continue to operate as described in this Privacy Policy, whether or not a “Do Not Track” signal or similar mechanism is received from your browser.

Opt-Out. If you no longer wish to receive electronic newsletters and other informational e-mails from us based on Personal Information collected under this Privacy Policy (except for administrative e-mails, from which you may not opt-out), you may opt-out of receiving such e-mails by following the “unsubscribe” instructions contained in the most recent such message that you have received from us. We will endeavor to comply with your request as soon as reasonably practicable. Please note that such opt-out will not result in the removal of your PII from the databases of any third parties or limit the use of your PII by any third parties, including any third parties with which we have already shared your PII.

Updating PII. If you would like to update PII about you that has been previously provided to us through the Site, you may do so by notifying us at kwagner@vlany.org. We will endeavor to comply with your request as soon as reasonably practicable. We may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be updated. We are not responsible for updating information contained in the databases of third parties with whom we have already shared PII about you.

Note Regarding the Use of the Site by Children: The Site is not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide PII through the Site.

Jurisdictional Issues. We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Contacting Us. If you have any questions regarding this Privacy Policy, please contact us by e-mail at kwagner@vlany.org. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.