1. Using the Site
1.2 Accuracy of Information. You may only submit information that you have the right to submit. You agree that you are solely responsible for the information you submit through the Site. We are not responsible for any consequences arising from your or other persons’ reliance on the content posted on the TCP Site.
1.4 Prohibited Behavior. You must not use the Site to do any of the following prohibited actions:
- Interfere with or disrupt the proper operation of the Site in any manner that may adversely affect TCP or any third parties;
- Bully, abuse, harass, stalk, demean, threaten or discriminate against others;
- Post, upload, publish, broadcast, stream, display, submit or transmit any text, words, statements, conversations, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, sexually explicit, nude, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- Discuss illegal activity, such as how to obtain or consume illegal drugs and how to make bombs;
- Ask for or offer sexually explicit images, and/or material harmful to children;
- Use, display, mirror or frame the Site, or any individual element within the Site, TCP’s name, any TCP trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TCP’s express written consent;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TCP or any of TCP’s providers or any other third party (including another user) to protect the Site, or content accessible on the Site;
- Send or broadcast any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Collect or store any personally identifiable information from the Site from other users of the Site without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Encourage or enable any other individual to do any of the foregoing.
1.5 Third Party Links. You may be able to access third-party websites or services via the Site. You acknowledge that we do not endorse and are not responsible for such websites or services or any content that may be available there.
1.6 Use of Trademarks. You will not use our trademarks or any confusingly similar marks, without our written permission. Please refer to Section 11 for more information.
1.7 Contacting TCP. Help us maintain a healthy and vibrant environment by reporting any illegal or inappropriate behavior to email@example.com. We always appreciate your feedback or other suggestions about TCP, but you acknowledge and agree that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
2. Your Account Information
Only you may use your account credentials. You must keep your account credentials confidential and not authorize any third party to access or use the service on your behalf, unless we provide an approved mechanism for such authorization. You must contact us right away if you suspect misuse of your accounts or any security breach in the service. You are responsible for all activity that takes place with your TCP account. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You will not transfer your account (including any account that you administer) to anyone without first getting our written permission.
3. Information You Provide
For content that is covered by intellectual property rights, like photos (“IP Content”), you specifically give us the following permission, subject to your privacy and application settings: You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on or in connection with the Site (the “IP License”). This IP License ends when you delete your IP Content or your account unless such IP Content has been shared with others, and they have not deleted it.
When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
If you share content on the Site in a way that infringes on the rights of other individuals, including their publicity or privacy rights, you are breaching this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this Section 3 and the use of the content does not violate any law. We may remove your content from the Site at any time if you breach this contract or for other reasons in our sole discretion.
If your TCP account is canceled, we may permanently delete your data from our servers. We have no obligation to return data to you after your TCP account is canceled. Data that is deleted may be irretrievable.
4. Our Operation of the Site
The Site operates for the benefit of TCP and its users. We retain the right to block or otherwise prevent delivery of any type of email or other communication to or from the Site as part of our efforts to protect the Site, protect our users, or stop you from breaching this contract. The technology or other means we use may hinder or break your use of the Site.
You acknowledge and agree that TCP is not a “covered entity” or “business associate” under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder (collectively, “HIPAA”). As a result, HIPAA does not apply to our maintenance, use or disclosure of information collected through the Site.
6. No Warranty
TCP does not endorse or warrant Programs and devices that connect with TCP, such as Facebook or Twitter.
The information provided by the Site is provided for User’s general information only. TCP does not give medical advice or engage in the practice of medicine, and under no circumstances recommends a particular treatment, test, facility or medical provider for specific individuals and in all cases recommends that User consults User’s physician before pursuing any course of treatment or test.
7. Liability Limitation
NEITHER THE TCP NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USERS’ ACCESS, USE, OR INABILITY TO USE THE SITE OR ANY WEBSITES LINKED TO THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH SITES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE TO USE THE SITE. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. SOME OR ALL OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IF YOUR STATE, PROVINCE, OR COUNTRY DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES.
8. Changes to the Service and Cancellation
9. General Legal Terms
9.4 Claims. Claims must be filed within one year. You must bring any claim related to this contract or the Site within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If it isn’t filed on time, the claim is permanently barred.
10. Applicable Law; Dispute Resolution
Unless you and TCP agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. If the claim or controversy is for $10,000 or less, TCP agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator(s), through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If the claim or controversy exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the award of the arbitrator(s) shall be accompanied by a statement of the reasons upon which the award is based.
11. Copyright and Trademark
We or our suppliers or sponsors own all rights, title and interest in certain copyrights, trademarks and other intellectual property rights in connection with the Site and content. All rights are reserved.
The names of actual companies and products may be the trademarks of their respective owners. From time to time, we may use fictitious names, companies, organizations, products, domain names, e-mail addresses, logos, people, places and events for illustrative purposes only. In such cases, no association with any real TCP account holder, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted in this contract are reserved.
12. Reporting Violations
Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), TCP’s designated agent for notice of alleged copyright infringement in connection with the Site may be reached at firstname.lastname@example.org, 53 State Street, 18th Floor, Boston, MA 02109. To file a notice of infringement with TCP, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located at http://www.copyright.gov/title17/92chap5.html#512.
Procedure for Making and Responding to Claims of Copyright Infringement
TCP respects the rights of all copyright holders and has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who post materials on the Site that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that you claim is infringed;
- Identification of the copyright work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, including your address, telephone number, and email address;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To contact our Copyright Agent for notice of claims of copyright infringement on or regarding the Site: Customer Service (email@example.com) at The Conversation Project, Inc., 53 State Street, 18th Floor, Boston, MA 02109, USA.
If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to post and use the content in your user submission, you may send a counter-notice containing the following information to our Copyright Agent:
- Your electronic or physical signature;
- A description of the content that has been removed or to which access has been disabled;
- A description of where the allegedly infringing material is located on the website;
- Your address, telephone number, and email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which TCP may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person;
- A statement by you that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- A statement by you made, under the penalty of perjury, that the above information in your counter-notice is accurate and that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law to post and use the content in your user submission.
Please send such notice to our Copyright Agent at: Customer Service (firstname.lastname@example.org) at The Conversation Project, Inc., 53 State Street, 18th Floor, Boston, MA 02109, USA.
If a counter-notice is received by TCP, TCP may send a copy of the counter-notice to the original complaining party informing that person that TCP may restore the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the member or user, the removed content may be restored, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the sole discretion of TCP.
Information We Collect
No Personal Information from Children
Visibility of Your Personally Identifiable Information
Our Use of Your Information
Disclosures of Your Information
4. Information We Collect
When you use the TCP Site, several types of data may be collected from you, including: (1) Non-Personal Information; and (2) Personally Identifiable Information. We do not knowingly collect or store any personal information from children.
4.1 Non-Personal Information
We receive data about you whenever you interact with the Site, such as when you visit the Site, look at another person’s profile, or search for a friend or a page. We receive data from the computer, mobile phone or other device you use to access the TCP Site. This may include your IP address, location, the type of browser you use, or the pages you visit. We receive data whenever you visit a program that sends data to TCP. This may include the date and time you visit the site; the web address or URL you’re on; technical information about the IP address, browser and the operating system you use; and, if you’re logged in to the TCP Site, your user login.
4.2 Personally Identifiable Information
a. Information relating to “sharing your story” and/or having the conversation:
b. Transactional Information. We will collect the following Personally Identifiable Information about you in connection with your request to make an on-line donation:
credit card information: type of credit card, name on card, credit card number, validation number and its expiration date. (“Transactional Information”).
Once the online donation is submitted in an encrypted format to our third party processing agent for payment processing we do not retain your credit card information on our Site. If you wish to make another donation in the future you will need to re-enter this information. In order to comply with reporting, tax and other applicable laws, we retain for archival purposes your name, contact information and donation amount. However, we maintain the privacy and security of this information as described below.
4.3 Links to Social Networks
a. Access using credentials from social networks:
The TCP Site also currently accepts Facebook sign-in credentials to enable you to register as a user of the TCP Site. By accessing the TCP Site with your Facebook credentials, you authorize us to recognize you based on your Facebook sign-in credentials and to collect certain information from Facebook, which will include: your name, date of birth, gender, email address, city, state, biography and photo (to the extent this information is included within your Facebook account). We do not issue credentials for accessing Facebook, Twitter, YouTube, or other social networks, and do not endorse any third-party credential provider.
b. Posting or sharing your TCP information to social networks sites:
5. No Personal Information from Children.
TCP does not knowingly collect personal information from children under the age of 13. Children are not permitted to use the Site, and we request that children under the age of 13 not submit any personal information through the Site. If you are under 13, you may not use the Site. Parents and guardians are advised that any personal information voluntarily entered by children may be available for public access. If your child has submitted personal information, please contact us to request that such information be removed. Once we are aware of information entered by a child, we will exercise commercially reasonable efforts to remove such information from our databases and storage areas; however, we are not liable for any consequences relating to such information.
6. Visibility of Your Personally Identifiable Information
In the near future, we may provide users with the ability to search for other users of the TCP Site. Utilizing such search functionality, other users may be able to view certain information about you, including your first name, photo, to the extent you have provided such information (collectively, your “Public Profile”). Information included within your Public Profile may be personal or sensitive, so you need to consider carefully whether you are comfortable sharing such information. At your request, your Public Profile may be designated “unsearchable,” and no longer appear in search results returned by the TCP Site.
You may deactivate or delete your TCP account at anytime by sending us an email to email@example.com. Deactivating your account puts your account on hold. Deactivating an account is the same as you telling us not to delete any information because you might want to reactivate your account at some point in the future. When you delete an account, you are requesting that your account and the information stored therein be permanently deleted from TCP. It typically takes about one month to delete an account and all associated information, but some information may remain in backup copies and logs for up to  days. You should only delete your account if you are sure you never want to reactivate it. We wait  days before permanently deleting your account information in order to help avoid accidental or malicious removal of your information. Please note, certain data you have provided may continue to exist as part of Aggregate Data; however, we will undertake to first remove data that can be used to personally identify you. For additional information, please refer to the “Aggregate Data Sets” section below.
7. Our Use of Your Information
We use the information we receive about you in connection with the TCP Site and features we provide to you. For example, we may use the information we receive about you as part of our efforts to send you information related to TCP.
7.1 Use of Non-Personal Information
We use the Non-Personal Information collected through the TCP Site for statistical purposes and for improving the functionality of the TCP Site. This information may also be used to administer your participation in the TCP Site including, without limitation, to troubleshoot and resolve problems with the TCP Site.
7.2 Use of Personally Identifiable Information
We use PII collected through the TCP Site for purposes of customizing your user experience, providing relevant information, and communicating with you regarding relevant news or events. If you do not want to receive any newsletters, promotional or marketing materials or other information about the TCP Site, unsubscribe at any time by simply clicking the ‘unsubscribe’ link that we include at the bottom of every email that we send you. The TCP Site will also send you an email summarizing recent account activity. If you do not want to receive these emails, you can unsubscribe at any time. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your account.
7.3 Use of Aggregate Data
We may use your PII (which has been anonymized) to create aggregate data. This aggregated information is not associated with any individual. TCP may use aggregated information from the TCP Site and its users to improve the quality of the TCP Site, for marketing of the TCP Site, and for public health and research purposes.
8. Disclosures of Your Information
We may, on occasion, hire other companies to provide limited services on our behalf. In those limited cases, we give those companies only the personal information they need to deliver the services, such as IP address or e-mail address. TCP’s practice is to require the companies to maintain the confidentiality of the information and to prohibit them from using the information for any other purpose.
Though we make every effort to preserve your privacy, disclosure of your information to third parties may occur in other situations such as: (i) responding to a subpoena, court order or other such request; (ii) responding to a law enforcement agency’s request or as otherwise required by law; and (iii) providing information to a third party if we file for bankruptcy, or there is a transfer of the assets or ownership in connection with proposed or consummated corporate reorganizations, such as mergers, acquisitions, or sales of business units. In all such instances, we will take the utmost care to disclose only that information which is necessary and appropriate under the circumstances.
We take appropriate steps to manage the privacy of your PII including Transactional Information and the security of the Site. However, we cannot guarantee the security of any information that is disclosed online. We use the Secure Sockets Layer (SSL), a security protocol that protects your credit card information and ensures secure online donations. SSL Internet connections are encrypted, and thus protect all credit card information, including your name, address and credit card number, so it cannot be read in transit. We use secure technology, privacy protection controls, and restrictions on employee access, to safeguard your personal information. We do not retain the credit card information after the transaction is completed. However, we cannot guarantee the security of any information that is disclosed online.
10. Linked Sites
We may provide links to other third party websites including the SNNs on the TCP Site solely as a convenience to you. However, such linking does not mean, and should not be interpreted to mean, that TCP endorses, is affiliated with or makes any representations concerning such third party websites. We neither review, nor control, nor are responsible for these third party sites or any content therein. By using these links, you will leave the TCP Site. If you decide to access any of the third party sites linked to this TCP Site, you do so entirely at your own risk. We shall not be liable for any consequences arising from use of the third-party sites referenced above or any other third party websites to which the TCP Site links.
Effective Date: August 13, 2012