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The Hello Herman Project Terms of Use Agreement and Privacy Policy

THE HELLO HERMAN PROJECT TERMS OF USE AGREEMENT

Welcome to The Hello Herman Project, the place to use art to stop bullying in our country. By using The Hello Herman Project Website, (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member of The Hello Herman Project(“Member”). If you wish to become a Member and make use of the The Hello Herman Project service (the “Service”), please read these Terms of Use. If you object to anything in this Agreement or the The Hello Herman Project Privacy Policy, do not use the Website or the Service.

1. ACCEPTANCE OF TERMS OF USE AGREEMENT.

  1. Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by The Hello Herman Project from time to time, such modifications to be effective upon posting by The Hello Herman Project on the Website. This Agreement includes The Hello Herman Project’s Acceptable Use Policy for Content Posted on the Website, The Hello Herman Project’s Privacy Policy, The Hello Herman Project’s subscription policies and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to all of the terms, conditions and notices contained or referenced herein.
  2. Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
  3. Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please Contact Us online or send a letter and self-addressed stamped envelope to: The Hello Herman Project, POB 1947, Quogue, NY 11959. [J1]
  4. Withdrawing Your Consent.You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via, the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
    1. Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
    2. Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement, please Contact Us online or send a letter and self-addressed stamped envelope to: The Hello Herman Project, POB 1947, Quogue, NY 11959
    3. Effective Timing. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
  5. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via, the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.

2. ELIGIBILITY.

You must be at least thirteen (13) years of age to register [J2] as a member of The Hello Herman Project or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.

3. MEMBERSHIP AND SUBSCRIPTION; PRICING.

4. YOU MAY BECOME A MEMBER OF THE SERVICE AT NO COST[J3] . AS A MEMBER  YOU WILL HAVE THE ABILITY TO PARTICIPATE IN ALL OF THE FEATURES AND SERVICES AVAILABLE WITHIN THE SERVICE. NON-COMMERCIAL USE BY MEMBERS.

The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. [J4] Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of The Hello Herman Project, which may be revoked at any time, for any reason, in The Hello Herman Project’s sole discretion.

5. ACCOUNT SECURITY.

You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify The Hello Herman Project of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Hello Herman Project will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Window’s Live ID to your The Hello Herman Project account.

6. YOUR INTERACTIONS WITH OTHER MEMBERS.

  1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT THE HELLO HERMAN PROJECT CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. THE HELLO HERMAN PROJECT ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. THE HELLO HERMAN PROJECT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. THE HELLO HERMAN PROJECT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
  2. IN NO EVENT SHALL THE HELLO HERMAN PROJECT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT THE HELLO HERMAN PROJECT MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.

7. CONTENT ON THE HELLO HERMAN PROJECT.

  1. Proprietary Rights. The Hello Herman Project owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of The Hello Herman Project, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
  2. Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by The Hello Herman Project, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Hello Herman Project does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will The Hello Herman Project or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.

8. CONTENT POSTED BY YOU ON THE HELLO HERMAN PROJECT.

  1. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to The Hello Herman Project, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify The Hello Herman Project of such change.
  2. You understand and agree that The Hello Herman Project may review and delete any content, messages, double-blind emails, photos or profiles (collectively, “Content”), in each case in whole or in part, that in the sole judgment of The Hello Herman Project violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
  3. By posting Content to any public area of The Hello Herman Project, you automatically grant, and you represent and warrant that you have the right to grant, to The Hello Herman Project, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by The Hello Herman Project will not infringe or violate the rights of any third party.
  4. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. The Hello Herman Project reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
    • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person; • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
    • promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
    • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
    • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
    • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.

You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses. You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. [J5] You may not transmit any chain letters or junk email to other Members. Although The Hello Herman Project cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.

All information you include in your Member profile must be accurate, current and complete.

Prohibited Activities.

The Hello Herman Project reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:

  • You will not impersonate any person or entity.
  • You will not “stalk” or otherwise harass any person.
  • You will not express or imply that any statements you make are endorsed by The Hello Herman Project without our specific prior written consent.
  • You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
  • You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
  • You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
  • You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
  • You will not “frame” or “mirror” any part of the Service or the Website, without The Hello Herman Project’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to The Hello Herman Project or the Service or the site in order to direct any person to any other web site for any purpose.
  • You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.

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Modifications to Service.

The Hello Herman Project reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Hello Herman Project shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Blocking of IP Addresses.

In order to protect the integrity of the Service, The Hello Herman Project reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.

Copyright Policy.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Hello Herman Project’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: support@The Hello Herman Project or The Hello Herman Project Legal, POB 1947, Quogue, NY 11959.

Member Disputes.

You are solely responsible for your interactions with other The Hello Herman Project Members. The Hello Herman Project reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy and Communications.

Use of the Website and/or the Service is also governed by our Privacy Policy. When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. Please see the The Hello Herman Project Privacy Policy [J6] for more information regarding these communications.

Disclaimers.

The Hello Herman Project is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. The Hello Herman Project is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. The Hello Herman Project assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. The Hello Herman Project is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will The Hello Herman Project or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and The Hello Herman Project expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Hello Herman Project cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Hello Herman Project makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

In order for Art Effect USA to execute the contests for both the theater and video sections of the project, a minimum of 500 theater productions must take place within the time frame of the contest, and a minimum of 500 students must enter the video contest within the time frame of the contest.

Links.

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because The Hello Herman Project has no control over such sites and resources, you acknowledge and agree that The Hello Herman Project is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that The Hello Herman Project shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

Limitation on Liability.

Except in jurisdictions where such provisions are restricted, in no event will The Hello Herman Project be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if The Hello Herman Project has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, The Hello Herman Project’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to The Hello Herman Project for the Service during the term of membership.

U.S. Export Controls

. Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Arbitration and Governing Law.

Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against The Hello Herman Project in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against The Hello Herman Project any class action, class arbitration, or other representative action or proceeding.

1. a. Notice of Rights. By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and The Hello Herman Project (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

2. b. Court Proceedings. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against The Hello Herman Project (except for small-claims court actions) may be commenced only in the federal or state courts located in New York, NY. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

3. c. Governing Law. This Agreement, and any dispute between you and The Hello Herman Project, shall be governed by the laws of the state of New York [J7] without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

Indemnity by You.

You agree to indemnify and hold The Hello Herman Project, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

No Third Party Beneficiaries.

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

Other and Amendments.

This Agreement contains the entire agreement between you and The Hello Herman Project regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement is subject to change by The Hello Herman Project at any time.

Please Contact Us[J8] with any questions regarding this agreement. The Hello Herman Project is a trademark of ArtEffectUSA, LLC.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.


THE HELLO HERMAN PROJECT PRIVACY POLICY

Unless otherwise defined in this Policy, terms used in this Policy have the same meanings as in our The Hello Herman Project Terms of Service, accessible at The Hello Herman Project. As used in this Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
The Hello Herman Project is the project name for The Hello Herman Project, which is an effort led by Art Effect USA, LLC.
We take your privacy seriously. We are providing this Policy to inform you of our policies and procedures regarding the collection, use and disclosure of information on our Service. We also want to inform you about your choices regarding information. If you have any questions or concerns, please let us know (see “How to contact us” section below).
Note that this Policy may be modified from time to time in our sole discretion, so check back frequently. We will notify you of any changes to the Policy by posting a new Policy and updating the “last modified” date at the top of this page.

1. HOW WE COLLECT INFORMATION

We collect information in three basic ways:
  1. We collect information that you voluntarily provide to become a registered User of our Service, and when you use certain aspects of our Service (e.g., entering an email address on a form to send an email from your The Hello Herman Project account).
  2. We collect information when you register to join The Hello Herman Project by logging into an account that you already have with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook and Twitter) via our Service. For example, our Service allows you to create an account and login to the Service using your Facebook account credentials through Facebook Connect. If you are not currently registered as a User on the Service and you click on “Sign in Using Facebook,” you will first be asked to enter your Facebook credentials and then be given the option to register and join The Hello Herman Project.
  3. When you browse or use our Service, technological tools including “Log Data” and “Cookies” collect certain information, as explained in the following section.
  4. Personal Information. When you register with us through the Service to become a registered User of The Hello Herman Project, we will ask you for certain information about you that can be used to contact or identify you (“Personal Information”). Personal Information may include, but is not limited to, your name, gender, profile photo, free-form biography, location/hometown, website and email address. If you decide to create your User account by logging into a SNS via the Service, you are using the Personal Information you have already provided to the SNS (such as your “real” name, email address and other information you make publicly available via the SNS) to create your User account on our Service; the information we collect may depend on the privacy settings you have with the SNS, so please consult the SNS’s privacy and data practices. For example, by using Facebook Connect, you are allowing The Hello Herman Project to access the Personal Information in your Facebook account pursuant to the Facebook Terms of Use regarding your use of the Service via Facebook.
We use your Personal Information (in some cases, in conjunction with your “Non-Identifying Information,” see below) to provide the Service to you. For example:
  1. Account registration. We create your User account for your use of the Service based upon the Personal Information you provide.
  2. Communications. We use your Personal Information to contact you with The Hello Herman Project newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “preferences” information in your account settings. (See “Your choices regarding information,” below.)
  3. Customer service. We use your Personal Information to respond to your questions and/or inquiries.
  4. Finding friends. You also have the option to import your personal contacts (including email addresses of friend lists via SNS) to the Service so that you can find your friends on the Service, and your friends can find you on the Service.
  5. Emailing via a The Hello Herman Project Account. As part of the Service, The Hello Herman Project Users may communicate with other registered and non-registered Users through use of their The Hello Herman Project accounts. Where Users have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from The Hello Herman Project to those email addresses on their behalf.
  6. Non-Identifying Information. We also collect other information that you provide as part of registration, the operation, and personalization on The Hello Herman Project that cannot reasonably be used to identify or contact you (e.g., without limitation, age and individual preferences) (“Non-Identifying Information”). Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be personally identified or contacted. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying Information (for example, your viewing preferences)We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other The Hello Herman Project Users to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Service is used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
  7. Mobile Software. Our Mobile Software will allow Users to access and use the Service from their mobile devices. From the Mobile Software, you will also have the option to identify the location of User Content that you wish to upload to our Service. In addition, in the event that our Mobile Software crashes on your mobile device, we will receive information about your mobile device model, software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Mobile Software.
  8. Log Data. When you visit the Service, whether as a registered User or a non-registered User just browsing, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as the browser type or the webpage you were visiting before you came to our Service, pages of our Service that you visit, the time spent on those pages, information you search for on our Service, access times and dates, and other statistics. We use this information to monitor and analyze use of the Service and the Service’s technical administration, to increase our Service’s functionality and user-friendliness, and to better tailor our Service to our visitors’ needs. For example, some of this information is collected so that when you visit the Service again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. We also use this information to verify that visitors to the Service meet the criteria required to process their requests.
  9. Cookies. Like many online services, The Hello Herman Project uses “cookies” on our Service to collect information. A cookie is a small data file that we transfer to your computer or mobile device’s hard disk. We use cookies for two purposes. First, we utilize “persistent” cookies to save your login information for future logins to the Service. Second, we utilize “session ID” cookies to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage by The Hello Herman Project Users and web traffic routing on the Service. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Service and then close your browser.You can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. (See “Your choices regarding information,” below.)
  10. The Hello Herman Project Users. When you register through the Service and submit Personal Information to create a profile or visual collection, other The Hello Herman Project Users will see your name. If you choose to provide additional Personal Information in your profile, The Hello Herman Project Users will see such additional Personal Information, including, but not limited to, your photo, location, website and biography. Providing additional Personal Information is voluntary and should correlate with the degree of interaction you want to have with The Hello Herman Project Users. We recommend that you guard and refrain from disclosing any information you consider sensitive and confidential.
  11. Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
  12. Service Providers. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services (e.g., maintenance services, database management, web analytics and improvement of the Service’s features) or to assist us in analyzing how our Service are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
  13. Social Networking Sites. We may share the information in your The Hello Herman Project account (including your Personal Information) with the SNSs that you have linked to your The Hello Herman Project account. These third parties have access to your Personal Information only for this purpose (unless the SNS has received your Personal Information independently of the Service) and not for other purposes.

2. WHAT INFORMATION WE COLLECT AND HOW WE USE IT

3. SHARING OF YOUR INFORMATION

•  Facebook Connect and Twitter. We allow Users to link their Facebook and Twitter accounts to our Service. Users can then post recent activity on our Service back to their Facebook and Twitter accounts. You will be prompted to decide whether or not your activity on the Service will be shared and disclosed on your Facebook/Twitter service. You can disable the foregoing feature at any time by logging into your profile and selecting the option to disable Facebook Connect and/or Twitter. Further, you may be able to edit your privacy settings for the content that you post which appears on Facebook/Twitter by making selections in your “Edit Profile” settings via the Service.

1. Compliance with Laws and Law Enforcement. The Hello Herman Project cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We can disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process including, but not limited to, subpoenas, to protect the property and rights of The Hello Herman Project or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

2. Business Transfers. The Hello Herman Project may sell, divest, transfer, assign, share or otherwise engage in a transaction that involves, some or all of our assets, including any or all of the information described in this Policy, in the course of a corporate divestiture, merger, acquisition, joint venture, bankruptcy, dissolution, reorganization, or any other similar transaction or proceeding.

4. YOUR CHOICES REGARDING INFORMATION

You have several choices regarding the use of information on our Service:
  1. Email Communications. If you decide at any time that you no longer wish to receive email communications from us, please follow the unsubscribe instructions provided in any of the communications or update your “preferences” information in your account settings
  2. Cookies. If you decide at any time that you no longer wish to accept cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided below.
  3. De-Linking SNS. If you decide at any time that you no longer wish to have your SNS account (e.g., Facebook or Twitter) linked to your The Hello Herman Project account, then you may de-link the SNS account in the “preferences” section in your account settings.
  4. Changing or Deleting Your Information. All Users may review, update, correct or delete the Personal Information in their User account (including any imported contacts) by contacting us or by editing their profile via the Service. If you completely delete all of your Personal Information, then your User account may become deactivated. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes. (For more information on how to control your User Content on the The Hello Herman Project Service, including information regarding the use and storage of your User Content, please see the “Sharing Your Content” section in our Terms of Service.)

5. LINKS TO OTHER SITES AND SERVICES

Our Service contains links to other third-party websites and online services. If you choose to visit another website or online service by clicking on a link, you will be directed to that third party’s website or online service. The fact that we may link to a website or online service is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites and online services, and these third parties may place their own cookies or other files on your computer and collect data or solicit Personal Information and Non-Identifying Information from you. Other sites and online services follow different rules regarding the collection, use and/or disclosure of Personal Information and Non-Identifying Information. We encourage you to read the privacy policies or statements of the other websites or online services you visit before providing any information or using such websites or services.

6. HOW WE STORE AND PROTECT INFORMATION

  1. Information Security. We care about the security of your information. We use commercially reasonable safeguards to preserve the integrity and security of information collected and maintained through the Service. However, we cannot ensure or warrant the security of any information you provide to us or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed by unauthorized persons.
  2. Phishing. Identity theft and the practice currently known as “phishing” are of great concern to The Hello Herman Project. Safeguarding information to help protect you from identity theft is a top priority. We do not request your credit card information, login information, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.
  3. Breach Notification. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Service in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
  4. International Transfer. Your information may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, The Hello Herman Project transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

7. OUR POLICY TOWARDS CHILDREN’S INFORMATION

This Service is not directed to children under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at support@thehellohermanproject.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

8. HOW TO CONTACT US

If you have any questions about this Policy or any of the practices described herein, please contact us at POB 1947, Quogue, NY  11959 or send us an email at support@thehellohermanproject.com.