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Terms and Conditions of Use
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Terms and Conditions and Privacy Policy My Mighty Team Terms and Conditions This website and any other URLs and websites administered by MYTY Inc. and its affiliates (collectively, the “Website”) are offered by MYTY Inc. and its affiliates (collectively, “Mighty” or “we” or “us”) to you, the user, subject to your acceptance of all the terms and conditions set forth below (“Terms of Use”). The terms “you” and “user” refers to all individuals and entities that access the Website. By your affirmative actions of registering for and/or using the Website, you signify your agreement to these Terms of Use, to our Privacy Policy (below) and your agreement to communicate with us electronically. If you do not agree to all of these terms and conditions, do not use or register at this Website. Privacy Policy At Mighty, we respect your privacy and believe you should be informed about how we collect, use and disclose your personal information. Please read our privacy policy (“Privacy Policy”) before using the Website. Modifications to the Terms of Use We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available on the Mighty home page. We may, but are not obligated to, also place a special notice on the Website or communicate significant changes by email. Your continued use of the Website following the posting of such changes constitutes your acceptance of any such changes. If you do not agree with this Terms of Use, or any revised versions thereof, you may not use the Website. Age and Eligibility In order to use the Website you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (“Minors”) are prohibited from using the Website. Accordingly, if you are a Minor, please do not attempt to register for the Website or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as reasonably practicable. If you believe that we might have any information from or about a Minor, please contact us at support@MyMightyTeam.com. You represent that the information that you provide about yourself (including your age) as requested in any account registration form (the “Registration Data”) is accurate and complete. By requesting to use, registering to use, and/or using the Website, you represent and warrant that you have never been convicted of a felony and are not required to register as a sex offender with any government entity. MIGHTY DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Mighty reserves the right to conduct a criminal background check, at any time and using available public records, to confirm your compliance with this subsection. Agency You represent that you are using the Website for its stated purpose. If you are registering or using the Website on behalf of a company or other organization, you represent that you have authority to bind your employer or organization by your actions. User Information. 1. Disclosure By Law. You acknowledge and agree that we may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Mighty’s, or a third party’s rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened. 2. Use of Anonymous Information for Research. By using the Services, you agree to allow us to anonymously use the information from you and your experiences through the Services to continue our research into successful teams and to improve the Website. Results of this research may be published in academic journals. However, all of your information will be anonymous, and we will not publish research containing your personal identifying information Goals You agree that any goal you declare, pursue, or assist in the pursuit of, on this Website, and any team you form, to the best of your knowledge: 1. Is described accurately. 2. Does not violate any laws, regulations, or codes of conduct or ethics applicable to you. 3. Does not encourage or assist in the violation of any laws, regulations, or applicable codes of conduct or ethics by anyone else. 4. Does not seek to advertise any product or service to, or solicit any commercial transaction from, or solicit the transfer of anything of material value from, anyone using or viewing the Website to you or any entity owned in whole or part by you, employing you, or using your services as a contractor. 5. Does not violate, or encourage or assist in the violation of, any other provision of this Website, including but not limited to provisions on posting of offensive content. Precautions Content found on this website is for informational purposes only and is not intended to replace the relationship with your physician, psychologist, psychiatrist or other professional service provider of health care or other professional advisor. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical or psychological conditions of any kind, or in determining the effect of any specific course of action on a medical or psychological condition. You should always consult a physician before starting a fitness program, changing your diet, dealing with substance abuse or addictive or compulsive behavior, or any other behavior that might injure your health or the health of others or if you have any questions regarding a medical condition. Never disregard professional medical advice or professional mental health professionals or delay in seeking it because of something you have read on the Mighty Website. Mighty requires that you consult with your physician or other relevant professional before following any training instructions or other advice or activities described on the Website or linked to the Website or participating in any event announced on the Website or linked to the Website. Not all exercises or activities posted on the Website or linked to the Website are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. By using the Website, you represent that you have received consent from your physician or other relevant professional advisor to participate in activities described on the Website. We are not responsible for any health or other problems that may result from activities or products you learn about through the Website. If you engage in any activity through the Website, you agree that you do so at your own risk and are voluntarily participating in these activities. Information on the Website We try to provide helpful and accurate information on the Website, but we cannot verify, endorse or vouch for the information, services or recommendations available through the Website. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Website. Reliance on any information provided by us, our employees and contractors, or others appearing on the Website by invitation or as visitors is solely at your own risk. User-Generated Content You hereby grant to Mighty a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the Website (collectively, “User Generated Content”) in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. “User Generated Content” includes but is not limited to Journals, Messages, Resources, Comments, Cheering Me On posts, group texts and content associated with the creation of Teams, Topic Pages, and Organization Pages. You hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Mighty’s use of the User Generated Content or require your permission for Mighty to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Mighty or its sublicensees relating to Mighty’s or its sublicensees’ use of the User Generated Content, and you hereby release Mighty and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party’s rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content. Registration and Password You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. You grant Mighty the right to use your information in connection with the operation of the Website. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information submitted. You represent that the information that you provide about yourself as requested in the Mighty account registration form (the “Registration Data”) is accurate and complete, and you agree to update your account information, as necessary, including providing us with your current email address, so that you may receive notifications and other account-related communications. Proprietary Rights Except for the User Generated Content, the Website and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, is owned by Mighty or its licensors. You acknowledge that the Website, the Teammate Finder™ matching system, questionnaires, and any underlying technology used in connection with the Website contain Mighty’s intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Website except as necessary to view the content on the Website and create a reasonable number of copies of portions of such content (without modification) exclusively for your personal, non-commercial use. You shall make no other use of such information or property without first obtaining the written consent of the owner of such proprietary rights. All rights in the Website not expressly granted by Mighty to you are retained by Mighty and its licensors. If you violate any of these Terms of Use, your permission to use the Website automatically terminates and you must immediately destroy any copies you have made of any portion of the Website. Email and Other Contact Information Our Website has been designed so that users can interact through the Website, by emails, and by text messages without exchanging any personal contact information. Exchange of personal contact information (such as but not limited to email addresses, mailing addresses, or telephone numbers) is at your own risk. If any of our users choose to make email addresses or any other contact information available, you agree not to transmit “spam” or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another’s privacy, infringing of another’s intellectual property rights, or illegal. Users found using email or other personal information in this manner may be stripped of their membership. We are not responsible for the content of messages sent to you by our users or from third parties. You agree not collect any user information, or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. Use of the Website. In order to comply with law and to protect the integrity of the Mighty Team experience, you will not 1. Use Mighty if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals. 2. Use Mighty if you are a convicted sex offender. 3. Share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. 4. Transfer your account to another person without first getting our written permission. 5. Provide inaccurate, misleading or false information to Mighty or to any other user. If information provided to Mighty or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Mighty of such change. 6. Post anyone's identification documents or sensitive financial information on the Website. 7. Advertize or solicit any user to buy or sell any products or services through the Website except under a separate advertising contract made with Mighty. 8. Transmit any chain letters, junk or spam e-mail to other users. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Mighty, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Mighty $50 for each such unsolicited communication you send through the Services. Posting and Communication Restrictions. In addition to the foregoing, you will not post on the Website, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Website, that: 1. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 2. is intended to or tends to harass, annoy, threaten or intimidate any other users of the Website or Services; 3. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable; 4. contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first; 5. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian); 6. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices; 7. intended to defraud, swindle or deceive other users of the Services; 8. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices; 9. disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes; 10. is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Website; 11. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity; 12. solicits gambling or engages in any gambling or similar activity; 13. uses scripts, bots or other automated technology to access the Website or Services; 14. uses the Website or Services for chain letter, junk mail or spam e-mails; 15. collects or solicits personal information about anyone under 18; or 17. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities. Information Verification Mighty and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Mighty and its contractors will have no liability to you arising from any incorrectly verified information. Copyrighted Materials When referring to news reports or articles in your posts on the Website, including references to reports and articles appearing on other sections of the Website, please post only a few sentences for the reader’s information and reference and include a link to the rest of the content on the original site. Do not post articles, news reports, photographs, graphics, images, audio, or other copyrighted material in their entirety (or substantial portions thereof) unless you have obtained written permission from the relevant copyright owner(s). Any unauthorized posting of any of the foregoing to the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or civil and criminal statutes, and you will be responsible for any liability arising from such violations. If you feel that any content on the Website infringes your copyrights or other intellectual property rights, please contact Support@MyMightyTeam.com. User Indemnification Of Mighty Upon request by us, you agree to defend, indemnify and hold Mighty and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Website, including any User Generated Content you post, store, reproduce, display, or distribute via the Website; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Website. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses. User Conduct If we determine that any user is not using the Website responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user’s transmissions, User Generated Content, or use of the Website. We also have the right (but not the obligation) to suspend or terminate your access to and use of Profile Pages, Team Pages or other parts of the Website, or delete information you have posted to the Website, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) is offensive to other users, (c) violates the rights of Mighty or third parties, or (d) could cause Mighty liability. Without limiting the foregoing, upon any termination of your account or access to the Website we may delete all User Generated Content and other information related to your account. If Mighty suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account. Changes to Website Mighty may change or discontinue, temporarily or permanently, any feature or component of the Website at any time without further notice. In addition, we may, without notice to the applicable user, terminate individual Profile Pages that have been inactive for more than 90 days, but have no obligation to do so. You agree that Mighty shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Website. Third Party Websites The Website may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third party websites, you do so at your own risk. Mighty suggests that you read the terms of use and privacy policies (if any) on those third party websites. You agree that Mighty has no liability for any damage or loss of any type that is a result of your use of a third party website. Mobile We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply. In the event you change or deactivate your mobile telephone number, you will update your account information on Mighty within 48 hours to ensure that your messages are not sent to the person who acquires your old number. Communication and Privacy. We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Statement to review your options. Advertisements Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. You understand that we may not always identify paid services and communications as such. Content And Warranty Disclaimer THE WEBSITE IS PROVIDED BY MIGHTY AND ITS AFFILIATES “AS IS.” NEITHER MIGHTY NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, MIGHTY AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, MIGHTY DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. FROM TIME TO TIME, MIGHTY MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT ON THE SERVICES. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT MIGHTY’S SOLE DISCRETION. THE PROVISIONS OF THIS DISCLAIMER OF WARRANTY SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS. Limitation of Liability IN NO EVENT WILL MIGHTY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT MIGHTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF MIGHTY, ARISING FROM OR RELATING TO THE WEBSITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. MIGHTY’S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you. No Liability for non-Mighty Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MIGHTY 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 SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. Electronic Contracting Your affirmative act of using this Website and/or registering for the Website constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. General The Terms of Use and the resolution of any dispute related to the Terms of Use or the Website shall be governed by and construed in accordance with the laws of the State of New York without respect to its conflict of laws principles. You shall bring any legal action or proceeding against Mighty related to the Website exclusively in a federal or state court of competent jurisdiction sitting in New York County, New York, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Mighty’s failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Mighty in writing. These terms and conditions constitute the entire agreement between you and Mighty with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void. If you would like to request additional information regarding these Terms of Use, please contact us at support@MyMightyTeam.com. My Mighty Team Privacy Policy At this website and any other URLs and websites administered by MYTY Inc. and its affiliates (collectively, the “Website”), offered by MYTY Inc. and its affiliates (collectively, “My Mighty Team,” “Mighty” or “we” or “us”), we respect your privacy and want you to understand how we collect, use and disclose your Personal Information. This Privacy Policy describes our practices regarding how we use and share with third parties Personal Information that we collect on the Website. By your affirmative actions of registering for and/or using the Website, or otherwise submitting your Personal Information to us, you signify your agreement to this Privacy Policy and the practices described in it. If you do not agree to this Privacy Policy, do not use or register at this Website or submit any Personal Information to us. Zeep Mobile MIGHTY partners with the third party service Zeep Mobile to provide SMS (Short Message Service, or text messages on your mobile phone) in order to send Alerts, Messages, and Notes to your mobile phone, depending on the alert settings you choose. When you set your mobile phone number on MIGHTY, you register for the Zeep Mobile service. Please read Zeep’s Privacy Policy at http://www.zeep.me/privacy_policy before registering with Zeep Mobile. If you do not agree to the Zeep Mobile Privacy Policy, do not use or register with Zeep Mobile at this Website. Other Websites This Website may contain links to other websites. One you enter another website, please be aware that MIGHTY is not responsible for the privacy practices of these other web sites. We encourage you to read the privacy policies of each and every web site you visit that collects personally identifiable information. This Privacy Policy applies solely to information collected by MIGHTY. Terms and Conditions Your use of the Website is subject to the terms of this Privacy Policy and the Terms and Conditions, so please read this policy and the Terms and Conditions before using the Website. Age Requirement In order to use the Website you must be at least 18 years of age or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age. Please see the Terms of Use for additional information regarding this and other requirements regarding eligibility. Types of Information The types of information that we collect fall under two general categories: Personal Information and Non-Personally Identifiable Information. Personal Information consists of any information which can be used to specifically identify you as an individual, whereas non-personally identifiable information consists of aggregate information or any information that does not reveal your identity. The following sections describe how your Personal Information and Non-Personally Identifiable Information are collected by us, and how we use such information. Personal Information Personal Information is information that identifies you as an individual, including but not limited to your name, email address, telephone number, gender, age, weight, education, and interest in particular goals and topics. We may ask you to submit Personal Information at various places on our Website, including when you are providing Account information, creating a Profile, submitting Teammate Finder data, and creating Teams. MIGHTY stores the information collected in all our online forms. We use the Personal Information you submit to provide information that will be helpful or interesting to you, and will help you connect with other My Mighty Team members. For example, we use your interest in particular goals and topics, and the Teammate Finder data you submit, to suggest compatible teammates to you, and to suggest you as a potential teammate to others. We maintain lists of users and use the Personal Information on those lists to contact you or send you information you have requested or that we feel will be of interest to you. For example, we may use your Personal Information to send you updates on teams, authors, or threads that you have subscribed to. We may contact you via phone or email. We generally provide an option for you to choose not to receive these types of communications. However, even if you request not to be contacted by us, we reserve the right to use your contact information if we consider it necessary to send you information about the operation of the site, including information regarding the services you have signed up for on the Website or information about changes to our Privacy Policy. For more information about how to “opt-out” of receiving emails, please click the Unsubscribe link at the bottom of any email sent to you by My Mighty Team. MIGHTY encourages members to share information with teammates and other members of the MIGHTY online community. You have control over what information about yourself you choose to share on our site. When you use MIGHTY, information you choose to post or share with third parties (e.g., a Teammate or readers of a Topic page) such as personal information, comments, messages, photos, videos, or other information, may be viewed by other users and the general public. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or team pages, or when posting Journals, Comments, Messages, Notes, photos, videos, or other items, this information may become publicly available. Although MIGHTY may provide options that limit access to your team pages, Journals, or other content you create, please be aware that no security measures are perfect. We cannot control the actions of other Users with whom you may choose to share your team pages, Journals, Messages, Notes, and other information. Therefore, we cannot and do not guarantee that User Content you post on the Website or send through the Website will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other Users have copied or stored your User Content. If you choose to use MIGHTY to invite someone to join your team or cheer you on, we will ask you for information needed to send the invitation, such as the invitee’s email address. We will send your invitee an email in your name inviting him or her to visit the site, and may send up to two reminders to them. MIGHTY stores this information to send invitations and reminders, to register a teammate if your invitation is accepted, and to track the success of our MIGHTY invitations in the aggregate. Your invitee may contact us through support@mymightyteam.com to request that we remove this information from our database. Non-Personally Identifying Information We may also collect information automatically about the use of the Website, through, for example, “cookies” or “IP addresses,” described below. MIGHTY archives log files and may use non-personally identifying information in aggregate form to detect errors with the Website, to identify security issues, and to create better services by performing analyses of the aggregate characteristics and behavior of MIGHTY members. MIGHTY may also use non-personally identifying information in aggregate form to help select content and advertising more likely to be helpful and interesting to you on various pages of the Website. We may provide such statistical data to our advertisers, affiliates and other current and potential business partners. For example, we may inform these third parties as to the number of people who have seen and clicked on links to their websites. “Cookies” are small files websites place on your hard drive that allow websites to identify you. For example, if you allow a website to remember your login name or password, the website places a cookie on your computer. Cookies cannot read any other information on your hard drive. We may place cookies on your computer to allow us to identify you when you visit the Website. We may use cookies to measure Website traffic, to offer you certain services, or to customize your visit. However, if you do not wish to receive cookies, or want to be notified of when they are placed, your browser may permit you to do so. An “IP address” is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP address probably varies from session to session. Use of Contractors and Service Providers MIGHTY may use third parties (including contractors and service providers) to help with certain aspects of its operations, which may require disclosure of your Personal Information to them. For example, we may use a third party to communicate with you (via telephone or email) about our services, to send information to you, to host the Website and related databases, and to perform other work that we may choose to outsource. MIGHTY requires these third parties to use your Personal Information only as necessary to perform the services they are asked to perform. The ads appearing on the Website may be delivered to you by a third party. Information about your visits to the Website, such as the contents of articles you view, the number of times you have viewed an ad, demographic information you submit (such as your gender, age, or weight, among other data), and your interest in particular goals, topics and organizations may be used to tailor the ads that are served to you. However, MIGHTY does not share with advertisers your name, email address or other information that identifies you personally. In the course of serving advertisements to the Website, third party advertisers may also place cookies on your computer. However, if you do not wish to receive cookies, or want to be notified of when they are placed, your browser may permit you to do so. Corporate Family We may share some or all of your Personal Information with any current or future “affiliate” (which means a parent company, a subsidiary, joint venture, or other company that controls, is controlled by, or is under common control with My Mighty Team), in which case we will require the affiliate to honor this privacy policy. If another company acquires My Mighty Team (or a business unit of MIGHTY that uses your Personal Information), the Personal Information collected by MIGHTY will be transferred to that company and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy. Security We use a combination of multiple firewalls and multiple levels of physical security to protect the Personal Information you share with us from unauthorized access or disclosure. We encrypt your password when it is submitted to us in order to protect the Personal Information you share with us from unauthorized access or disclosure. However, you should know that no company, including MIGHTY, can fully eliminate security or other risks associated with the possession of Personal Information. For example, we may be legally required to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. You are responsible for maintaining the confidentiality of your login information and password. Modifications to the Privacy Policy We may make changes to the Privacy Policy from time to time in our sole discretion. We will post any such changes on the Website along with a notice on the Website that such changes have been made. Your continued use of the Website following the posting of such changes constitutes your acceptance of any such changes. If you do not agree with this Privacy Policy, or any revised versions thereof, you may not use the Website. Queries If you have a question or comment about the My Mighty Team site or a request to correct or delete your Personal Information, please contact us at support@mymightyteam.com. We will use commercially reasonable efforts to fulfill your request in a timely manner. However, please be aware that even if My Mighty Team deletes such Personal Information from its ‘live’ databases, such information may still be stored on other databases (including those kept for archival purposes). Last Updated July 12th, 2009
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