Privacy Policy
Terms of Use

SitterNote Privacy Policy

Last updated: May 25, 2016

Introduction
This Privacy Policy explains how CluckCluck, Inc. (“we” or “us”) treats the information provided or collected on our website (the “Site”) and our services, including but not limited to the SitterNote™ mobile application (the “App” and collectively, the “Services”).
This Privacy Policy also sets forth (i) the measures we take to secure your information and (ii) the options you have regarding the use and disclosure of your information.

By using our Services, you accept and agree to the terms of this Privacy Policy.
The Services may be subject to additional terms and conditions, as made available on each such Service (for example, our Site has terms of service, which you can see here [insert hyperlink], and the App has different terms of service that are specific to the mobile application, which you can see here [insert hyperlink]. Those terms and conditions are in addition to the terms and conditions set forth in this Privacy Policy.

Information We Collect
We collect personal and non-personal information as further described below:
Information You Provide: When you enter information in the App, on the Site or when you provide it to us in any other way, we receive and store that information. This includes information you provide when you request information via the Site, when you register for an account using the App, and when you input information into the App as you use it. You can always choose not to provide certain information, but your use of some of our features may be limited or restricted if you choose to do so. We use the information that you provide for our own, internal business purposes, such purposes as responding to your requests, providing the Services, and communicating with you.
• Technical Information: We may receive certain technical information when you use our Services, including browsing information (date, time, pageviews), usage data (queries, data usage), your device identifier and IP address, and notifications when you open emails that we send you. We use this information to provide the Services to you, to customize your experience using the Services, and/or improve the Services over time.
• Information from Mobile Devices. When you access or use our Services using a mobile device, we may receive additional information about and from that mobile device, including a unique identifier for your device and/or location information. We use this information to provide the Services to you, to customize your experience using the Serivces, and/or improve the Services over time. Most mobile devices allow you to turn off the location-based services. If you disable the location services in your phone, we will not continue to receive that information.
• Cookies and Anonymous Identifiers: We use various technologies to collect and store information about your use of the Services through the use of cookies, web beacons and other anonymous identifiers. Cookies are small data files that are stored on the hard drive of the computer or device you use to view a web site. Every computer or device that accesses the Services may be assigned a unique cookie by us. Web Beacons are graphic image files imbedded in a web page typically used to monitor activity on a web page and send back to its home server (which can belong to the host site, a network advertiser or some other third party) information from your browser, such as your IP address, the URL of the page on which the web beacon is located, the type of browser that is accessing the site and the ID number of any cookies on your computer previously placed by that server. The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the Web site of its manufacturer.
• Server Logs: When you use our Services, we may automatically collect and store information, including the categories of information summarized above, in our server logs. This may include details of how you used our Services, such as number and type of queries, IP address, device event information, and cookies and other anonymous identifier information.
• Local Storage: In addition to collecting and storing information in our servers, we may collect and store your information (including personal information) locally on your device using technologies such as browser web storage and application data caches.
California Do Not Track: Some browsers allow you to set a “Do Not Track” (DNT) signal that tells website operators that you do not want your browsing activities to be tracked. Our Site does not respond to DNT signals at this time.

Use of Your Information
We access and use your information for the specific purposes described above, and more generally for the purposes described below:
• To provide you with the Services.
• To communicate with you about your account and your transactions with our Services.
• To provide you with information about features of our Services and updates to our policies (including this Privacy Policy).
• Subject to local law and any choices and controls available to you, to personalize the content and experiences we provide to you.
• To optimize and improve our Services over time.
• To detect, investigate and prevent activities that may violate our policies or applicable law.

Sharing Your Information
Excepted as described below, we do not share your information with third parties.
• Information You Share: Our Services include features that allow you to share information with others. When you use our Services to share information with others, we ask that you remember that your information may be retained in the future by those parties, even after you might disable access to that person in the future and/or after you delete your account. As an example, if you have given another user access to one of your child profiles, that user will have access to the information that was shared in the “Feed” during the period of time when that access was granted, even if you later revoke that user’s access to the profile. Additionally, if you give us the right to search your contacts for other users, we will have access to the contacts in your mobile device, but we will only do so for this express purpose.
• Third-Party Service Providers: We engage the services of other companies and individuals to perform certain functions on our behalf. Examples include hosting, marketing and social media functions (including sending surveys, email, and other communications), analyzing data, providing search results and links (including paid listings and links), processing payments, and providing customer service. These providers have access to personal information on an as-needed basis to perform the specific function for which they were engaged, but they may not use personal information for any other purposes.
• Protection of Our Company, Other Users and Others: We release account and other personal information when we reasonably believe that doing so is necessary to comply with the law; enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of Us, our users, or others.
• With Your Consent: If we want to share your information with any third parties in a manner that is not already described in this Privacy Notice, you will receive prior notice of the proposed disclosure from us, and you will have an opportunity to choose not to share the information. When you allow us to share your information with a third party, such as directing us to share your information with third party websites or applications, we will do so, but please note that once we share your information with a third party, it ceases to be covered by this Privacy Policy, and becomes subject to that third party’s privacy policies.
• Aggregate Information. We may share aggregated, non-personally identifiable information with the public and/or third parties (such as partners, investors, advertisers, and service providers).
• Corporate Transactions. In the event that we are involved in a corporate event, such as a merger, acquisition, asset sale or an investment event, we may share your information with those parties on an as-needed basis, provided that all such parties must be subject to a contractual obligation to keep that information confidential, and provided that you will be given notice before your information is transferred or becomes subject to a different privacy policy.

Links to Other Websites and Apps
Our Services may include links to other websites and/or mobile applications. Once you leave our Services, the collection and use of your information is subject to the privacy policies of the applicable third party. Those websites and mobile applications are not governed by this Privacy Policy and we do not control how those third party websites and/or mobile applications use your data once you leave our Services.

Choices and Controls

We provide you the ability to exercise certain controls and choices in regard to the collection, use and sharing of your information. Subject to applicable law, your controls and choices may include the following:
• You may correct, update and delete your registration account.
• You may request access to the personal information we hold about you and that we amend or delete it and we request third parties with whom we have shared the information do the same.

You may exercise your controls and choices, or request access to your personal information, by contacting us via email at info@sitternote.co, or by sending us written correspondence at the notices address set forth below.

We reserve the right to reject requests that are unreasonably repetitive, require a material technical effort (such as developing new code or materially modifying an existing feature), may adversely affect the privacy of others, or which would be commercially impractical (such as accessing data from backup systems not readily available).

Use of Services by Children
Our Services are not intended for use by children. In particular, our App is intended to be a tool to allow adults to communicate about others in their lives, including children. But children are not allowed to be users, and if you are under the age of 13, you may not use our Services.
Data Security & Integrity
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification. Please be aware though that, despite our efforts, no security measures are impenetrable.

Communications and Notices
If you have comments, questions or need to send us correspondence with regard to this Privacy Policy, please contact us at info@sitternote.co. Alternatively, you may write us at:

SitterNote
P.O. Box 50233
Studio City, CA 91604

Changes to Privacy Notice
From time to time, we may change this Privacy Notice. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, in-App notification of privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

Terms of Use

SitterNote Terms of Use

Last updated May 25, 2016

CluckCluck, Inc. (“CCI”) is pleased to provide to you its site(s), software, application(s), content, and services, including but not limited to the SitterNote mobile application (the “App”) (collectively, the “Services”). These Terms of Use and our Privacy Policy govern your use and our provision of the Services.

Contract
This is a contract between you and CCI. You must read and agree to these terms before using the Services. If you do not agree, you may not use the Services.

Supplemental terms and conditions may apply to some Services, such as rules for the App. Supplemental terms and conditions will be disclosed to you in connection with such App, service, or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.

We may amend these terms at any time in our sole discretion. Any amendment will be effective seven (7) days following either our dispatch of a notice to you (which may be delevered via email or by pop-up (or similar) notice within the Services) or by posting of the amendment on or within the Services. If you do not agree to the changes, you must discontinue using the Services. Your continued use of the Services following changes to these terms constitutes your express acceptance of the amended terms.

We may immediately terminate this contract with respect to you (including your access to the Services) if you fail to comply with any provision of these terms.

  1. Services, Content

The Services are for your personal, noncommercial use and are intended for informational and entertainment purposes only. The Services do not constitute legal, financial, professional, medical, or healthcare advice or diagnosis and cannot be used for or in connection with such purposes.

Our Content

The Services are our copyrighted property and all trademarks, service marks, trade names, trade dress, or other intellectual property rights in the Services are owned by us or our licensors. Except as we specifically agree in writing, no element of the Services may be used or exploited in any way other than as part of the Services offered to you. We do not transfer title to any portion of the Services to you.

Your Content and Usage Requirements

  1. Posting Content

The Services may allow you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Services is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to the Services.

  1. How CCI and other users can use your content

You grant CCI and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on the Services solely for the purposes of, as applicable, operating, developing, providing, and using the Services. The foregoing license will terminate upon deletion of your User Content, unless that User Content has been shared with other users (see below) and they have not deleted that content themselves.   Nothing in these Terms shall restrict other legal rights CCI may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

When you publish User Content on the Services, you understand that CCI will share it with the other users to whom you have granted access rights via the Services. CCI does not control how other users may use your User Content after it has been shared with them.

  1. How long we keep your content

Following deactivation or termination of your account, or if you remove any User Content from the Services, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, CCI and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that you shared with other users through the Services.

  1. Feedback you provide

We value hearing from our users, and are always interested in learning about ways we can improve the Services. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction, expectation of confidentiality, or compensation to you. By accepting your submission, CCI does not waive any rights to use similar or related feedback previously known to CCI, or developed by its employees, or obtained from sources other than you.

  1. Usage requirements It is important that all users use the Services in an appropriate manner. We reserve the right to modify or delete your account at any time, for any reason, but in particular, users are required to comply with the following:

(1) You must submit accurate information to CCI in using the Services and you must keep your account information timely and up-to-date. You may only create one account for yourself – duplicate accounts are strictly prohibited. You may not create an account for anyone but yourself, without our express permission. You may not create an account using email account information unless that email account is yours.

(2) You may only use the Services for lawful purposes and for your personal, non-commercial benefit. You may not post content that is offensive, or that infringes or otherwise violates any third party’s rights.

(3) You are responsible for maintaining the security of your account credentials. You may not share your account credentials, or your account, with any other person, or do anything else that might jeopardize the security of your account or the Services.

(4)   We reserve the right to modify, delete or reset your account credentials at any time, including but not limited to your username. In particular, we reserve the right to remove or reclaim your username if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name, or when a username is inappropriate or offensive).

(5) You may not use the Services if you are under the age of 18, if you are located outside the United States (even temporarily), or if you are a convicted sex offender.

(6) If you collect or download information shared with you by other users, you may only do so with their consent and if make it clear you (and not CCI) are the one collecting or downloading their information, and you either agree on usage with that user directly or post a privacy policy explaining what information you collect and how you will use it.

(7) You may not use the Services to post any sensitive personally identifiable information, including but not limited to governmental ID documents, health information and financial information.

(8) We provide our Services to you, but you are responsible for any charges that may be imposed by your carrier(s), including but not limited to text messaging and/or data charges.

(9) You will not post anyone’s identification documents or sensitive financial informaiton on the Service.

(10) If we disable or terminate your account, you may not create a new account without our express permission.

  1. Security

We care about the security of our users. While we will implement and maintain commercially reasonable physical, administrative and technical safeguards for the purposes of protecting the security of your User Content and your account, CCI does not guarantee that unauthorized third parties will not be able to defeat our security measures. You must notify us immediately of any suspected or known compromise or unauthorized use of your account.

  1. Third-Party Links, Sites, and ServicesOur Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by CCI. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Services, you do so at your own risk and you agree that CCI will have no liability arising from your use of or access to any third-party website, Service, or content.5. DisclaimerUse of the Services and any information obtained from the Services is at your sole risk. CCI shall not be liable for any loss, punitive, incidental or consequential damages or any claim against CCI by any other party. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CCI BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF CCI HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TERMS OF SERVICE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CCI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100 USD).THESE DISCLAIMERS AND LIMITATIONS TO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY IF AND TO THE LIMITED EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED UNDER THE LAW.

    6. Indemnification

    You agree to indemnify and hold harmless CCI, its officers, directors, shareholders, and agents, from any damage suffered directly or indirectly as a result of your use of the Services. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

  2. Dispute Resolution

These terms are governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any conflict of law principles.

You and CCI agree to arbitrate all disputes between you and CCI or its affiliates, except disputes relating to the enforcement of CCI’s intellectual property rights. “Dispute” includes any dispute, action, or controversy between you and us concerning the Services or these terms, whether in tort, warranty, contract, statute or regulation, or other legal or equitable basis. Any such dispute shall be resolved by BINDING arbitration conducted by a retired judge of the superior court or an impartial person chosen from a list supplied by the American Arbitration Association, to hear this matter in Los Angeles, California, United States of America using the American Arbitration rules of Commercial Arbitration. The parties shall initially both bear their own costs of the arbitration. The prevailing party in any BINDING arbitration or Court action arising out of or relating to this Agreement shall be entitled to recover costs, expert witness fees, attorneys’ fees and arbitrator’s fees.

  1. Severability

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

  1. Survival

The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.

  1. Waiver

No waiver of any provision of these terms by CCI shall be deemed a further or continuing waiver or any other provisions, and CCI’s failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

  1. Copyright Policy

CCI respects the intellectual property rights of others and expects its users to do the same. It is CCI’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, CCI will respond expeditiously to claims of copyright infringement committed using the Services that are reported to CCI’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to CCI’s Designated Copyright Agent. Upon receipt of the Notice as described below, CCI will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services. DMCA Notice of Alleged Infringement (“Notice”).

  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify (i) the material that you claim is 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, including at a minimum, if applicable, the URL of the link shown on the Services where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Services where such reference or link may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to CCI’s Designated Copyright Agent:

SitterNote Copyright Agent

15165 Ventura Boulevard, Suite 245

Sherman Oaks, CA 91403

copyright@cluckcluckapp.com

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