HURRICANE PARTY, INC.
PRIVACY POLICY
(REVISED SEPTEMBER, 2010)
Hurricane Party, Inc., a Delaware corporation, a Delaware corporation (“Hurricane Party," “our,” “us,” or "we") respects your privacy. In that regard, we have created this Privacy Policy to let you know what information we collect when you use our proprietary service (the “Service”), whether through our smart phone application (the “Application”) or such other features, websites or applications offered from time to time, why we collect it, and how it is used. By using the Service or the Application, you consent to the data practices prescribed in this Privacy Policy. This Privacy Policy governs the privacy guidelines for Hurricane Party’s website at www.HurricaneParty.com (the "Website")
What information does Hurricane Party collect?
"Personal Information" means any information that may be used to identify an individual, including, but not limited to, first and last name, home or other physical address, an email address, phone number, or other contact information, whether at work or at home, age information, and information about dependents. We may ask you to provide Personal Information that will enable us to enhance your use of the Service or the Application, or for purposes such as facilitating correspondence with you, registering your entitlement to access certain special features, or to complete transactions. It is always your choice whether or not to provide that Personal Information. If you choose not to provide requested Personal Information, you may not be able to use certain features of the Application or the Service.
Location Based Information. You also acknowledge and agree that Hurricane Party may collect location-based data from you through the Application. Hurricane Party may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. Hurricane Party may also sell aggregated Location Based Information regarding its users, but not in a manner in which the recipient will be able to identify you personally. You acknowledge that certain location-based data or content that you provide in connection with the Hurricane Party Service or the Application may inherently allow or help third parties to personally identify you.
Technical Information. We may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Application. We may also automatically receive and record information on our server logs from your browser, which could include your IP address, cookie information, browser information, and the page you request. This information is not deemed by Hurricane Party to constitute Personal Information and while Hurricane Party will not use it in a way that associates such information with you, such information it may be aggregated and used. Hurricane Party owns this information and may use it in any manner it deems appropriate.
How does Hurricane Party use Personal Information and Location Based Information?
The Personal Information and Location Based Information you provide will be kept confidential and used to support your relationship with Hurricane Party and use our products and services. Among other things, we want to help you quickly find information on our Website, leverage our tools in connection with your authorized use of our products and services, and alert you to product upgrades, special offers, updated information and other new products and services from Hurricane Party.
Sharing of Personal Information and Disclosure to Third Parties
Except as set forth herein or, in any applicable End User Agreement, Hurricane Party does not rent, sell or share Personal Information or Location Based Information it collects about you to or with third parties, and Personal Information and Location Based Information collected from you is only used to provide you with Hurricane Party products and services and to comply with any requirements of law.
Agents or contractors of Hurricane Party may have access to your Personal Information or Location Based Information on a need to know basis for the purpose of performing services on behalf of Hurricane Party. All such agents or contractors who have access to such information are required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for Hurricane Party or as otherwise required by law. We internally audit our business practices and procedures, examining confidentiality standards and information access in order to protect your Personal Information and Location Based Information.
Hurricane Party or its agents or contractors may disclose Personal Information or Location Based Information if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process; (2) protect and defend the rights or property of Hurricane Party or its agents or contractors; or (3) act in urgent circumstances to protect the personal safety of users of the Application, the Services or the public.
Finally, if Hurricane Party should ever merge with another organization, file for bankruptcy, or sell our assets, we may transfer the information you provide to us on through the Application or the Service to a third party or share your Personal Information or Location Based Information to the company with which we enter into such transaction as a part of such transaction.
Security of Your Information
We maintain physical, electronic, and procedural safeguards designed to protect Personal Information and Location Based Information.
We use secure server software (SSL) and firewalls, designed to protect your Personal Information and Location Based Information from unauthorized access, disclosure, alteration, or destruction. Our system is also designed to protect Personal Information and Location Based Information from unauthorized usage on shared computers in that users are required to log in through Hurricane Party’s applications.
Despite the actions and precautions we take, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of your Personal Information and you transmit it to us at your own risk.
Please keep in mind that whenever you voluntarily disclose Personal Information on our message boards or other public forums or features or through e-mail, or in chat areas, or voluntarily utilize features of the Service or the Application that inherently share Location Based Information, that information can be collected and used by others. In short, by posting Personal Information or Location Based Information online that is publicly accessible, you may receive unsolicited messages from other parties in return or make others aware of your location. We are not responsible for the security or privacy of any Personal Information or Location Based Information you choose to submit in connection with these public features.
We may send an email to you at the email address you have provided to us in the event of a security breach. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at legal@hurricaneparty.com.
Third-Party Websites, Services and Technologies
Please be aware that other websites and services, including the websites of third parties that you connect with through our Service or Application, may collect personally identifiable information about you. This Privacy Policy does not cover the information practices of those third-party websites, services or applications. Further, our Application or Service may employ third party technologies that require you to accept such third party’s terms. This Privacy Policy does not cover the information practices of those third-party technologies.
Additionally, certain Personal Information or Location Based Information may be made available to third party developers using our Application Programming Interface (“API”) if you or your ‘friend’ use third party applications developed by such third party developers. Use of third party applications developed using our API are subject to the terms of use and privacy policies of such third party developers. You should be aware that such third party applications may expose user locations, and that some third party services may permit you to make your information publicly available and accessible by everyone on the Internet.
International Transfers
Personal Information and Location Based Information collected through the Service or the Application may be stored and processed in the United States or any other country in which Hurricane Party or its affiliates, subsidiaries, agents or contractors maintain facilities, and by using the Service or the Application, you consent to any such transfer of information outside of your country.
Your Consent to this Privacy Policy
By using the Service or the Application, you agree to this Privacy Policy. This is our entire and exclusive Privacy Policy and it supersedes any earlier version.
We may change this Privacy Policy by posting a new version of this Privacy Policy on our Website or through the Service or the Application, and it is your responsibility to review this page periodically. When we do change the policy, we will also revise the "last updated" date at the Privacy Policy and may notify you or post a message on the Website and/or through the Service or the Application. Your continued use of the Website, the Service or the Application constitutes your agreement to this Privacy Policy and any updates.
Contacting Hurricane Party
For questions or comments regarding this Privacy Policy, please contact us at legal@hurricaneparty.com.
HURRICANE PARTY, INC.
END USER LICENSE AGREEMENT
(REVISED SEPTEMBER, 2010)
Hurricane Party, Inc., a Delaware corporation ("Hurricane Party," “our,” “us,” or "we") provides a web-based service, currently in beta (the “Service”) centered around a smart phone application (the “Application”). The Service includes features, content, websites or applications offered from time to time by Hurricane Party in connection with the Application.
This Terms of Use ("Agreement") sets forth the legally binding terms for use of the Service. By using the Service, you (“you”) agree, effective as of such date (the “Effective Date”) to be bound by this Agreement and a "User." You are only authorized to use the Service (regardless of whether your access or use is intended) if you agrees to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should discontinue use of the Service immediately.
1. Access to Service. Subject to the terms and conditions of this Agreement, Hurricane Party will provide User with access to the Service to be delivered via Application during the term of this Agreement. User may use the Service solely with the Application for internal evaluation and testing in accordance with this Agreement.
2. Fees. User will not be charged any fees by Hurricane Party for use of the Service.
3. Ownership. All rights, titles and interest in and to the Service and the Application is owned by and shall remain with Hurricane Party. User retains ownership of the Data (defined below); provided that User grants and agrees to grant to Hurricane Party a perpetual, royalty-free, fully paid-up, irrevocable, fully sublicensable, worldwide, non-exclusive right and license to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate such Data for any purpose and without acknowledgement to you. “Data” means the data that is provided to Company by User through the Service. All right, title, and interest in and to the Service and associated documentation, including any improvements, modifications, and enhancements made thereto, as well as any data resulting from the activities under this Agreement. Except for those rights expressly granted herein, no other rights are granted, either express or implied, to User hereby. By posting or providing Data, you represent and warrant that public posting and use of the Data by Hurricane Party will not infringe or violate the rights of any third party.
4. Confidentiality. User acknowledges that the Service, the terms of this Agreement, and any other proprietary or confidential information provided to User by Hurricane Party (“Hurricane Party Confidential Information”) constitutes valuable proprietary information and trade secrets of Hurricane Party. User agrees no to use or disclose the Hurricane Party Confidential Information for any purpose not expressly authorized by this Agreement. Hurricane Party may obtain an injunction (without having to post a bond) to prevent any breach or continued breach of this section. User agrees to promptly report any breaches of this section to Hurricane Party.
5. Termination. This Agreement shall terminate upon the earliest to occur of (a) execution of a terms of service or other agreement for a future version of the Service or Application, or (b) termination by either party effective immediately upon written notice to the other. User agrees that Hurricane Party, in its sole discretion, may terminate User’s use of the Application and the Service, and remove and discard any Data within the Application, for any reason, including, without limitation, for lack of use or if Hurricane Party believes that User has violated or acted inconsistently with the letter or spirit of this Agreement. Hurricane Party may also in its sole discretion and at any time modify or discontinue providing the Service, or any part thereof, with or without notice. Any modification or termination of User’s access to the Service may be effected without prior notice, and User acknowledges and agrees that Hurricane Party may immediately deactivate or delete the Data and User’s access to the Service. Upon termination, all rights and obligations of the parties shall cease except that Sections 3-11 shall survive termination.
6. Feedback. User shall provide feedback to Hurricane Party concerning the functionality and performance of the Service (“Feedback”) from time to time as reasonably requested by Hurricane Party. User hereby assigns and agrees to assign all of its right, title, and interest in and to such Feedback to Hurricane Party. To the extent that the foregoing assignment is ineffective for whatever reason, User hereby grants and agrees to grant to Hurricane Party a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.
7. Usage Guidelines and Restrictions. User agree not to use the Application or the Service to: (a) upload, post, e-mail, or otherwise transmit any Data that contains personally identifying information (such as actual names, phone numbers, mailing addresses, e-mail addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) harm minors in any way or write comments that in any way refer to person(s) under 18 years of age; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, e-mail, or otherwise transmit Data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements); (e) upload, post, e-mail, or otherwise transmit Data that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (f) upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (g) upload, post, e-mail, 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; (h) interfere with or disrupt the Service, or disobey any requirements, procedures, policies, or regulations of networks related thereto; (i) intentionally or unintentionally violate any applicable local, state, national, or international law, “stalk” or otherwise harass another, or collect or store personal data about other users; (j) use any automated means to access the Application or the Service or collect any information from the Application or the Service (including, without limitation, robots, spiders, or scripts); or (k) utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.
8. Publicity. User agrees that Hurricane Party may include the name, logo, and success stories of Users on Hurricane Party’s website, press releases, promotional and sales literature, and advertising materials.
9. Disclaimer of Warranty. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. DATA MAY BE DAMAGED OR LOST IN CONNECTION WITH USE OF THE SERVICE. HURRICANE PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, NON-INTERFERENCE, ACCURACY OF DATA, AND FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability. THE TOTAL LIABILITY OF HURRICANE PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED $25. IN NO EVENT SHALL HURRICANE PARTY HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATIONS, LOSS OF PROFITS OR USE), EVEN IF THE HURRICANE PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOT WITH STANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11. Miscellaneous. This Agreement shall be governed by the laws of Texas without reference to conflict of laws principles. User shall not assign this Agreement, directly or indirectly, by operation of law or otherwise, without the prior written consent of Hurricane Party. User shall comply in all respects with all U.S. and foreign export and re-export laws and regulations applicable to the technology and documentation provided hereunder. This is the entire agreement between the parties relating to the subject matter hereof. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect.
